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-IUnder Article 213 of the Family Code, no child under 7 years of age shall be
separated from the mother unless the court finds compelling reasons to order
1. Explain the rationale of this provision. 2.5%
2. Give at least 3 examples of "compelling reasons" which justify the taking
away from the mother's custody of her child under 7 years of age. 2.5%
- II Saul, a married man, had an adulterous relation with Tessie. In one of the trysts,
Saul's wife, Cecile, caught them inflagrante. Armed with a gun, Cecile shot Saul in a
fit of extreme jealousy, nearly kiiling him. Four ( 4) years after the incident, Saul
filed an action for legal separation against Cecile on the ground that she attempted
to kill him.
1. If you were Saul's counsel, how will you argue his case? 2.5%
2. If you were the lawyer of Cecile, what will be your defense? 2.5%
3. If you were the judge, how will you decide the case? 5%
- III Ed and Beth have been married for 20 years without children. Desirous to have a
baby, they consulted Dr. Jun Canlas, a prominent medical specialist on human
fertility .He advised Beth to undergo artificial insemination. It was found that Ed's
sperm count was inadequate to induce pregnancy. Hence, the couple looked for a
willing donor. Andy, the brother of Ed, readily consented to donate his sperm. After
a series of tests, Andy's sperm was medically introduced into Beth's ovary .She
became pregnant and 9 months later, gave birth to a baby boy, named Alvin.
1. Who is the father of Alvin? Explain. 2.5%

2. What are the requirements, if any, in order for Ed to establish his paternity
over Alvin. 2.5%
- IV Gigi and Ric, Catholics, got married when they were 18 years old. Their marriage
was solemnized on August 2, 1989 by Ric's uncle, a Baptist Minister, in Calamba,
Laguna. He overlooked the fact that his license to solemnize marriage expired the
month before and that the parties do not belong to his congregation. After 5 years of
married life and blessed with 2 children, the spouses developed irreconcilable
differences, so they parted ways.
While separated, Ric fell in love with Juliet, a 16 year-old sophomore in a local
college and a seventh-Day Adventist. They decided to get married with the consent
of Juliet's parents. She presented to him a birth certificate showing she is 18 years
old. Ric never doubted her age much less the authenticity of her birth certificate.
They got married in a Catholic church in Manila. A year after, Juliet gave birth to
twins, Aissa and Aretha.
1. What is the status of the marriage between Gigi and Ric - valid, voidable or
void? Explain. 2.5 %
2. What is the status of the marriage between Ric and Juliet - valid, voidable or
void? Explain. 2..5%
3. Suppose Ric himself procured the falsified birth certificate to persuade Juliet
to marry him despite her minority and assured her that everything is in
order. He did not divulge to her his prior marriage with Gigi. What action, if
any, can Juliet take against him? Explain. 2.5%
4. If you were the counsel for Gigi, what action/s will you take to enforce and
protect her interests? Explain. 2.5%
-VSpouses Biong and Linda wanted to sell' their house. They found a prospective
buyer, Ray. Linda negotiated with Ray for the sale of the property. They agreed on a
fair price of P2 Million. Ray sent Linda .a letter confirming his intention to buy the

property. Later, another couple, Bernie and Elena, offered a similar house at a lower
price of Pl.5 Million. But Ray insisted on buying the house of Biong and Linda for
sentimental reason. Ray prepared a deed of sale to be signed by the couple and a
manager's check for P2 Million. After receiving the P2 Million, Biong signed the
deed of sale. However, Linda was not able to sign it because she was abroad. On her
return, she refused to sign the document saying she changed her mind. Linda filed
suit for nullification of the deed of sale and for moral and exemplary damages
against Ray.
1. Will the suit prosper? Explain. 2.5%
2. Does Ray have any cause of action against Biong and Linda? Can he also
recover damages from the spouses? Explain. 2.5%
- VI Gemma filed a petition for the declaration of nullity of her marriage with Arnell on
the ground of psychological incapacity .She alleged that after 2 months of their
marriage, Arnell showed signs of disinterest in her, neglected her and went abroad.
He returned to the Philippines after 3 years but did not even get in touch with her.
Worse, they met several times in social functions but he snubbed her. When she got
sick, he did not visit her even if he knew of her confinement in the hospital.
Meanwhile, Arnell met an accident which disabled him from reporting for work and
earning a living to support himself.
Will Gemma's suit prosper? Explain. 5%
- VII Marvin, a Filipino, and Shelley, an American, both residents of California, decided
to get married in their local parish. Two years after their marriage, Shelley
obtained a divorce in California. While in Boracay, Marvin met Manel, a Filipina,
who was vacationing there. Marvin fell in love with her. After a brief, courtship and
complying with all the requirements, they got married in Hongkong to avoid
publicity, it being Marvin's second marriage. Is his marriage to Manel valid?
Explain. 5%
- VIII -

His widow and all his children executed an Extrajudicial Settlement of Alberto's estate wherein the 2-door apartment was assigned by all the children to their mother. 2. she sold the property to George. 1. Assuming further he died intestate. what legal steps will you take? Explain. 2. how will you distribute his estate? Explain.5% . how will you. Alberta died. 5% -XDon died after executing a Last Will and Testament leaving his estate valued at P12 Million to his common-Iaw wife Roshelle. If Don failed to execute a will during his lifetime.5% 4. leaving behind their 4 children. Subsequently.5% 3. 2. They own a duplex apartment and allowed Manny to live In one of the units.5% 2. explain your answer. He is survived by his brother Ronie and his half-sister Michelle. The latter required Manny to sign a prepared Lease Contract so that he and his family could continue occupying the unit. Was Don's testamentary disposition of his estate in accordance with the law on succession? Whether you agree or not. survived by his father Juan.IX A drug lord and his family reside in a small bungalow where they sell shabu and other prohibited drugs.Alberto and Janine migrated to the United States of America. his brother Ronie. While in the United States. 5% . Janine. Manny refused to sign the contract alleging that his parents allowed him and his family to continue occupying the premises. Can this demolition be sustained? Explain. it was a nuisance per se that should be abated. If you were George's counsel. his half-sister Michelle. distribute his estate? Explain. how will you distribute his estate? Explain. and his legitimate son Jayson. 2. and his legitimate son Jayson. as his lawyer. they immediately demolished the house because according to them. his half-sister Michelle. one of whom is Manny. Assuming he died intestate survived by his brother Ronie. When the police found the illegal trade.

Disappointed with the Minister. When the car dealer deposited the check.XIII Arturo sold his Pajero to Benjamin for P1 Million.XI Spouses Alfredo and Racquel were active members of a religious congregation. However. Later. Does Tony have a cause of action against Premium Bank? Explain. can Alfredo and Racquel evict the Minister and recover possession of the property? If you were the couple's counsel. They donated a parcel of land in favor to that congregation in a duly notarized Deed of Donation. Benjamin took the vehicle but did not register the sale with the Land Transportation Office. it turned out that Tony's account has more than sufficient funds to cover the check. the Minister constructed a bungalow on the property he used as his residence. The dealer however. it was found that an employee of the bank misplaced Tony's account ledger.. claiming that aside from using the bungalow as his residence.XII Tony bought a Ford Expedition from a car dealer in Muntinlupa City. . Since he has a good reputation the car dealer allowed him to immediately drive home the vehicle merely on his assurance that his check is sufficiently funded. subject to the condition that the Minister shall construct thereon a place of worship within 1 year from the acceptance of the donation. what action will you take to protect the interests of your clients? 5% . But the Minister refused to leave. the spouses revoked the donation and demanded that he vacate the premises immediately. In an affidavit he executed in behalf of the congregation. The Deed of Donation was not registered with the Registry of Deeds. Tony issued a check drawn against his current account with Premium Bank. As payment. instead of constructing a place of worship. the Minister accepted the donation. the bank erroneously assumed that his account no longer exists. After an investigation. he is also using it as a place of worship on special occasions. it was dishonored on the ground of "Account Closed". Under the circumstances. He allowed his son Carlos. 5% . immediately filed an action for recovery of possession of the vehicle against Tony for which he was terribly humiliated and embarrassed. Thus.

Assuming Dennis' action is tenable. After complying with the requirements of the law. 10% . He alleged that his first name sounds ridiculous and is extremely difficult to spell and pronounce. then riding a bicycle.5% . Can Dennis file an independent civil action against Carlos and his father Benjamin for damages based on quasi-delict? Explain.5% 2. Jesus filed another petition with the Office of the Local Civil Registrar to change his first name to "Roberto. driving in a reckless manner.XV 1. She wanted to forget him. 2. sideswiped Dennis.On the way." Jesus delos santos moved to General santos City to work in a multi-national company. What entries in the Civil Registry may be changed or corrected without a judicial order? 2." His full name now reads "Jesus delos santos.9048 prosper? Explain. to drive the car to buy pan de sal in a bakery . Will the petition for change of name of Jesus delos Santos to Roberto delos santos under Republic Act No. the Civil Registrar granted his petition and changed his first name Zirxthoussous to "Jesus. 1. As a result. can Benjamin raise the defense he is not liable because the vehicle is not registered in his name? Explain. 2.XIV Zirxthoussous delos Santos filed a petition for change of name with the Office of the Civil Registrar of Mandaluyong City under the administrative proceeding provided in Republic Act No. Carlos." He claimed that the change is warranted because it will eradicate all vestiges of the infamy of Mary Grace's father.a minor who did not have a driver's license. There. Hence. he suffered serious physical injuries. he fell in love and married Mary Grace delos santos.9048. Dennis filed a criminal complaint against Carlos for reckless imprudence resulting in serious physical injuries. She requested him to have his first name changed because his new name "Jesus delos santos" is the same as that of her father who abandoned her family and became a notorious drug lord.5% .

Under Article 2219 of the Civil Code. Explain.5% . Nagger b. 2. 2. Quasi-delicts causing physical injuries c. Choose the case wherein you cannot recover moral damages. Mayan illegitimate child.5% a. shall be void.XVI 1. moral damages may be recovered in the cases specified therein. Congenital sexual pervert d. several of which are enumerated below. A criminal offense resulting in physical injuries b. upon adoption by her natural father. Alcoholic CIVIL LAW_2007 . Article 36 of the Family Code provides that a marriage contracted by any party who. at the time of the celebration.2. was psychologically incapacitated to comply with the essential marital obligations of marriage.5% a. Gambler e. Malicious prosecution 2. Explain. Immorality or dishonesty d. Illegal search e. Gay or lesbian c. use the surname of her natural mother as her middle name? 2. Choose the spouse listed below who is psychologically incapacitated.

The platform was tethered to a ship. The facility was located on a floating platform made of wood and metal. which was anchored to the seabed. a. Illegal and impossible conditions in a simple donation v. Occupation v. plants and flowers immovable or movable property? Please briefly give the reason for your answers. Explain the following concepts and doctrines and give an example of each: a. (5%) b. The floating platform likewise contained a garden area. upon which was permanently attached the heavy equipment for the petroleum operations and living quarters of the crew. Are the equipment and living quarters movable or immovable property? c. (5%) II (10%) Manila Petroleum Co.I Distinguish the following concepts: a. Are the trees. plants and flowers were planted. where trees. concept of trust de son tort (constructive trust) (5%) b. Is the platform movable or immovable property? b. illegal and impossible conditions in an onerous donation. doctrine of discovered peril (last clear chance) (5%) IV. possession. owned and operated a petroleum operation facility off the coast of Manila. III. the MV 101. (10%) .

Hannah. The manual should include the following items: a. May the will of Clara be admitted to probate? Give your reasons briefly. while waiting for her turn to sign the will. semi-developed or raw land. V. What properties are not registrable? Supply this information. Clara fell down the stairs and broke her arms. aside from witnessing the will. It employed "scouts" who roam all over the Philippines to look for and conduct investigations on prospective sites for acquisition and development. (10%) What are obligations without an agreement"? Give five examples of situations giving rise to this type of obligations? VI. . The management of Bedrock asks you as the company counsel to prepare a manual containing a summary of the pertinent laws and regulations relating to land registration and acquisition of title to land. Clara insisted on signing her will by thumb mark and said that she can sign her full name later.Bedrock Land & Property Development Corp. During the day of signing of her will. While the will was being signed. thinking of her mortality. whether developed. also offered to notarize it. A week after. In order to replenish its inventories. condominium units and industrial estates. drafted a will and asked Roberta. Hannah. is a development company engaged in developing and selling subdivisions. was reading the 7th Harry Potter book on the couch. Roberta experienced a stomach ache and kept going to the restroom for long periods of time. Clara was run over by a drunk driver while crossing the street in Greenbelt. (10%) Clara. What is the governing law? b. it embarked on an aggressive land banking program. beside the table on which everyone was signing. Luisa and Benjamin to be witnesses. Coming from the hospital. Benjamin.

The day after John and Marsha got married. particularly in 2002. Brad died in 1995. VIII. bequeathed the painting to her. Write "TRUE" if the statement is true or "FALSE" if the statement is false. 17 years of age. Marsha continued to live with John for 2 years. 2003. state the reason. Jennifer and Brad were madly in love. he met Angie and fell in love. 5. In 1989. Is Angie correct? Why or why not? IX . Julian and Thelma can get married. Amor gave birth to Thelma when she was 15 years old. 1. Brad and Jennifer broke up. in his will. Julian. a Filipino. Roberta. Marsha is now estopped from filing an annulment case against John. In 1995. without the knowledge of his parents. with his ex-girlfriend Sandra. Brad in his will bequeathed the painting to Angie. 2004. the debt is still the responsibility of such individual. Jennifer acquired it and placed it in his bedroom. the prescriptive period to file for legal separation runs from 2002. (10%) In 1986. If the statement is FALSE. such individual gets married while the debt is still being paid. In 1990. 3. An individual. can acquire a house in Australia because Australian Laws allow aliens to acquire property from the age of 16. (2% each). Saddened by Brad's death. While single. Angie refused and claimed that Brad. Because the Picasso painting reminded Angie of him. After the marriage. If a man commits several acts of sexual infidelity. While Brad was mending his broken heart. John told her that he was impotent. 2005. purchases a house and lot in 1990 and borrows money in 1992 to repair it. 4. 2. because a certain Picasso painting reminded Brad of her. Thereafter.VII. Amor met David and they got married when she was 20 years old. David had a son. Jennifer asked for the Picasso painting as a remembrance of him.

The parties to a bailment are the: a. bailee. (2% each) 1. an extrajudicial deposit. a written contract. a voluntary deposit. b. c. e. all the above. c. letters a and b 3.Multiple choice: Choose the right answer. a contract. Letters a and b . letters a and b 2. A contract of antichresis is always: a. comodatario. a necessary deposit. bailor. with a stipulation that the debt will be paid through receipt of the fruits of an immovable. a deposit with a warehouseman. All of the above. Involves the payment of interests. A deposit made in compliance with a legal obligation is: a. d. e. b. e. if owing. c. d. b. d.

suing to recover the properties of the state of the insolvent debtor. In 2005. Ramon and Dessa legally adopted Cherry and Michelle respectively. d. Fiona. ensuring that a debtor corporation operate the business efficiently and effectively while the proceedings are pending. Ramon died. d. collecting and discharging debts owed to the insolvent debtor. Dessa died while giving birth to Larry Anna had a child. with his girlfriend. Cherry. c. on the other hand. legally adopted Shelly. 1/3 of the total debts must be represented by the approving creditors. In 1971 and 1972. Ramon had a child. c. In order to obtain approval of the proposed settlement of the debtor in an insolvency proceeding. 5. b. Anna never married. the court must initiate the proposal b. In 2007. Prior to their marriage. 2/3 of the number of creditors should agree to the settlement. An. Anna.4. a. In 1970. Lia. assignee in a proceeding under the Insolvency Law does not have the duty of: a. . Larry had twins. Letters a and b X (10%) For purpose of this question. 3/5 of the number of creditors should agree to the settlement. In 1973. Larry and Cherry died in a car accident. selling property of the insolvent debtor. e. Ramon and Dessa got married. Who may inherit from Ramon and who may not? Give your reason brieftly. Hans and Gretel. assume all formalities and procedural requirements have been complied with. Anna.

Marian and the baby delivered were both found dead. Marian and Pietro were hacked with bolos. with the baby's umbilical cord already cut. Can Marian's baby be the beneficiary of the insurance taken on the life of the mother? (2%) b. Ana married Adolf Cruz Staedtler. a Filipino citizen like her. (5%) II At age 18.CIVIL LAW_2008 I Ana Rivera had a husband. they were found in an abandoned hut in Cavite. When she was already due to give birth. Batangas. who was among the passengers on board a commercial jet plane which crashed in the Atlantic Ocean ten (10) years earlier and had never been heard of ever since. To avoid being reqiured to submit the required certificate of capacity to marry from the German Embassy in Manila. With the marriage license stating that Adolf was a Filipino. as surviving biological father of the baby. Pietro survived. a. Will Pietro. She insured her own life and named her unborn child as her sole beneficiary. Is the marriage valid? Explain fully. Laguna in a beach in Nasugbu. Adolf stated in the application for marriage license that he was a Filipino citizen. be entitled to claim the proceeds of the life insurance on the life of Marian? (2%) III . Believing that her husband had died. the father of her unboarn child. were kidnapped in a resort in Bataan where they were vacationing. a divorced German national born of a German father and a Filipino mother residing in Stuttgart. as the local parish priest refused to solemnize marriages except in his church. The military gave chase and after one week. Between Marian and the baby. who is presumed to have died ahead? (1%) c. she and her boyfriend Pietro. Marian found out that she was pregnant. the couple got married in a ceremony officiated by the Parish Priest of Calamba.

What is the filiation status of Laica? (2%) c. When Faye reached 18 years of age. Was the marriage of Roderick and Faye valid? (2%) b. Aimee was still in the process of securing a judicial declaration of nullity on her marriage to her exhusband. Change her status from "legitimate" to "illegitimate" (1%). a. Can a judicial action for correction of entries in Gianna's birth certificate be successfully maintained to: i. When Faye was 25 years old. While Andy was single at the time. which was signed by both Andy and Aimee. She lost no time in marrying her true love Roderick. they started to live together as husband and wife without the benefit of marriage. Faye shot Brad to death. Brad discovered her continued liason with Roderick and in one of their heated arguments.Roderick and Faye were high school sweethearts. Roderick continued to regularly visit Faye while Brad was away at work. When Roderick was 18 and Faye. During their marriage. who at the time Gianna's birth were not married to each other. Laica. registered the status of Gianna as "legitimate". her parents forcibly took her back and arranged for her marriage to Brad. Change her surname from that of Andy's to Aimee's maiden surname? (1%) . a. Although Faye lived with Brad after the marriage. Faye gave birth to a baby girl. 16 years old. and ii. her surname carrying that of Andy's and that her parents were married to each other. without a marriage license. Can Laica be legitimated by the marriage of her biological parents? (1%) IV Gianna was born to Andy and Aimee. Can Laica bring an action to impugn her own status on the ground that based on DNA results. claiming that they have been continuosly cohabiting for more than 5 years. Roderick is her biological father? (2%) d. Gianna's birth certificate.

His wife told the children that she is waiving her share in the property. His first relationship with Brenda produced a daughter. Wilma. Ryan.b. Is there any legal obstacle to the legal adoption of Amy by Andrew? To the legal adoption of Sandy by Andrew and Elena? (2%) b. now 30 years old. Wilma. to construct his house on ¼ of the lot. now live with andrew in his house. Can Amy. and Sandy assuming that all of them have the means to support him? (1%) c. would Gianna be legitimated? (1%) V Despite several relationships with different women. Jon. He is survived by his wife and 4 children. Amy. can Andrew be legally entitled to claim support from Amy. Assuming that Aimee is successful in declaring her former marriage void. His second. His third. Jon. the eldest son who was about to get married. can administrative proceedings be brought for the purpose of making the above corrections? (2%) c. produced two sons: Jon and Ryan. Vina. including Amy. All the children. whom they consider as their own. and Andy and Aimee subsequently married each other. and allowed Bobby. leaving only an undeveloped and untitled lot in Tagiug City. produced no biological children but they informally adopted without court proceedings. a. Sandy's now 13 years old. Vina. without however obtaining the consent of his siblings. Ryan. Sandy was orphaned as a baby and was entrusted to them by the midwife who attended to Sandy's birth. In his old age. and Sandy legally claim support from each other? (2%) d. with Carla. His last. with Donna. bore him no children although Elena has a daughter Jane. with Fe. After settlement of Alex's estate and partition among the . Instead of a judicial action. Andrew remained unmarried. Can Jon and Jane legally marry? (1%) VI Alex died without a will. from a previous relationship.

a. can he require Anthony to account for all the fruits he has harvested from the property while in possession? (2%) c. If Carlo is able to legally recover his property. If there are standing crops on the property when Carlo recovers possession. Using a detonation device. Bert. It turned out to be the vault of the old Banco de las Islas Filipinas. While digging on the lot in order to lay down the foudation of the house.heirs. was engaged by Blas to construct a house on a lot which he (Blas) owns. acquired the property by forging carlo's signature in a deed of sale over the property. Adam was able to open the vault containing old notes and coins which were in circulation during the Spanish era. Can Anthony acquire ownership of the property by acquisitive prescription? How many more years does he have possess it to acquire ownership? (2%) b. can Carlo appropriate them? (2%) VIII Adam. In leiu of demolition. Anthony is not aware of the defect in Bert's title. Bobby offered to purchase from Cathy the lot portion on which his house was constructed. Can Cathy lawfully ask for demolition of Bobby's house? (3%) b. in turn.000. At that time. Can Bobby legally insist on purchasing the land? (2%) VII Anthony bought a piece of untitled agricultural land from Bert. who had never been in possession of the property for one year. they were valued at P100 . Carlo had been in possession of the property for 8 years. Cathy asked Bobby to demolish his house and vacate the portion alloted to her. declared it for tax purposes. but has been in actual physical possession of the property from the time he bought it from Bert. Adam hit a very hard object. While the notes and coins are no longer legal tender. a building contractor. a. and religiously paid all taxes due on the property. it was discovered that Bobby's house was constructed on the portion allocated to his sister. the house constructed was valued at P350.

the river would swell and as the water recedes. Knowing his pattern. also increased by one meter along the side of the river. soil and other materials are trapped within this barrier. effectively increasing Jessica's property by 2 meters. will the benefit of such registration extend to the increased area of their properties? (2%) . At certain times of the year.million because of their historical value and the coins silver nickel content. Blas. where no barrier was constructed. After several years. Jessica constructed a concrete barrier about 2 meters from her property line and extending towards the river. respectively. iii. will the notes and coins be deemed part of their absolute community or conjugal partnership of gains with their respective spouses? (2%) IX The properties of Jessica and Jenny. soil. The following filed legal claims over the notes and coins: i. ii. the area between Jessica's property line to the concrete barrier was completely filled with soil. a. Can Jessica and Jenny legally claim ownership over the additional 2 meters and one meter. b. so that when the water recedes. as successor-in-interest of the owner of the vault. Who owns the notes and coins? (4%) c. The Philippine Government because of their historical value. Assuming that either or both Adam and Blas are adjudged as owners. This pattern of the river swelling. If Jessica's and Jenny's properties are registered. lie along the banks of the Marikina River. Adam. rocks and other materials are deposited on Jessica's and Jenny's properties. who are neighbors. as finder. Jenny's property. receding and depositing soil and other materials being deposited on the neighbors' properties have gone on for many years. of land deposited along their properties?(2%) b. and iv. as owner of the property where they were found. Bank of the Philippine Islands.

During their marriage the couple acquired substanial landholdings in London and in Makati. Page 2 contained the attestation clause and the signatures. Assume the two properties are on a cliff adjoining the shore of Laguna Lake. They had the erath and rocks excavated from the properties dumped on the adjoining shore. if any. Was the disinheritance valid? (1%) d. and the cash be distributed? (1%) XI John and Paula. acquired Philippine citizenship by naturalization after their marriage. Upon his death. Yoly. can cause denial of probate? (2%) c. because as the will stated. a. How should the house and lot. What other defects of the will. but this only contained the notarial acknowledgement. Jessica and Jenny had a hotel built on the properties. he had a P 1 million account deposited with ABC bank. Was Erica preterited? (1%) b. The will was very brief and straightforward and both the above provisions were contained in page 1. of the 3 instrumental witnesses which included Lambert. she would anyway get ½ of the house and lot as her conjugal share. Paula bore John three children. The attestation clause stated the will was signed on the same occasion by Arthur and his instrumental witnesses who all signed in the presence of each other. at the bottom thereof. the lawyer who prepared the will. and the notary public who notarized the will. . it was discovered that apart from the house and lot. which Arthur and his instrumental witness. There are no marginal signatures or pagination appearing on any of the 3 pages. British citizens at birth. signed at the bottom. There was a 3rd page. and Attorney Zorba. Can they validly lay claim to the patch of land? (2%) X Arthur executed a will which contained only: (i) a provision disinheriting his daughter Bernica for running off with a married man. He did not make any provisions in favor of his wife Erica. the driver of Arthur.c. giving rise to a new patch of dry land. the family cook. and (ii) a provision disposing of his share in the family house and lot in favor of his other children Connie and Dora.

Raymond later died. He left behind his widowed mother. a. Paul and Mary. valid? (1%) b. Should the will be admitted to probate? (2%) b. He left no will. his common-law wife and their twins sons.Peter. Ernesto had a fatal heart attack. single.000 in his saving account in Manila which intended to use to start a business in his home country. upon her death. leaving behind his widowed mother. an overseas Filipino worker. On his flight home. Is the condition imposed upon Ruffa. Who are the heirs entitled to inherint from him and how much should each receive?(3%) XIII Raymond. no other relatives and no other properties except the money in his saving account. was coming home to the Philippines after working for so many years in the Middle East. If Scarlet predeceases Ruffa. The will imposed upon Ruffa the obligation of preseving the land and transferring it. the couple executed a joint will appointing each other as their heirs and providing that upon the death of the survivor between them the entire estate would go to Peter and Paul only but the two could not dispose of nor divide the London estate as long as they live. a. He had saved P100. who inherits the property? (2%) . named his sister Ruffa in his will as a devisee of a parcel of land which he owned. Is the testamentary prohibition against the division of the London estate valid? (2%) XII Ernesto. Ruffa and Scarlet. John and Paul died tragically in the London Subway terrorist attack in 2005. to preserve the property and to transmit it upon her death to Scarlet. Are the testamentary dispositions valid? (2%) c. no debts. to her illegitimate daughter Scarlet who was then only one year old. Peter and Paul filed a petition for probate of their parent's will before a Makati Regional Trial Court. In one of their trips to London.

In either of the above instances. Since there was still a balance due on the PN after applying the rentals.c. Can XYZ Bank balidly assert legal compensation? (2%) b. with his friend Recardo as co-signatory. XYZ foreclosed the real estate mortgage over Recardo's property. To secure the PN. and learned to read in Baille Language. Can Recardo's property be foreclosed to pay the full balance of the loan? (2%) . XYZ stopped payment of rentals on the building on the ground that legal compensation had set in. Recardo opposed the foreclosure on the ground that he is only a co-signatory. Can he: a. Act as a witness to a will? (1%) c. that no demand was made upon him for payment. When Eduardo defaulted on the PN. his liability should not go beyond half the balance of the loan. If Ruffa predeceases Raymond. Further. a. Recardo said that when the bank invoked compensation between the reantals and the amount of the loan. and assuming he is liable. and had the effect of extinguishing the security since he did not give his consent (as owner of the property under the real estate mortgage) therto. executed the promissory note ("PN") in favor of the bank. In the PN. Recardo executed a real estate mortgageon his own property. He Speaks English fluently. Eduardo. must the will be read to him? (1%) XV Eduardo was granted a loan by XYZ Bank for the purpose of improving a building which XYZ leased from him. it amounted to a new contract or novation. can Scarlet inherit the property directly from Raymond? (2%) XIV Stevie was born blind. Make a will? (1%) b. He went to school for the blind. they both acknowledged that they are "individually and collectively" liable and waived the need for prior demand.

Twenty-three months after execution of the lease contract. Can Gustavo now raised the issue that the cashier's check is not legal tender? (2%) . a. 2008. at the rate of P25.US$ exchange rate was P56 .c. 12. Gustavo now wants Felipe to pay him in cash the amount of P5. His bank refused to accepted the check because it had become stale. Iris filed an action to rescind the sale and to compel Dux to sell the property to her at the same price. if Dux decides to sell the property at the same price that the property is offered for sale to a third party.600. Dux sold breach of her right of first refusal. but forgot to deposit it until Sept. Gustavo accepted the check. Does Recardo have basis under the Civil Code for claiming that the original contract was novated? (2%) XVI Dux leased his house to Iris for a period of 2 years. and therefore. and that it was Gustavo's negligence in not depositing the check immediately that caused the check to become stale. The contract stipulated that it may be renewed for another 2-year period upon mutual agreement of the parties. Felipe refused to pay him again.US$ exchange rat at that time. when the Phil P .00 monthly.US$1. payable annually in advance. and that there has been extraordinary deflation since 1998. Felipe should pay him the value of the debt at the time it was incurred.135 in payment of his US$ 100 debt. having accepted the check in March. claiming that Gustavo is estopped from raising the issue of legal tender. she asked the court to extend the lease for another 2 years on the same terms. On March 1. Claiming that the previous payment was not in legal tender. a. Felipe tendered to Gustavo a cashier's check in the amount of P4. based on the Phil P . 2008. Can Iris seek rescission of the sale of the property to Dux's mother? (3%) b. Dux said there was no breach because the property was sold to his mother who is not a third party. Alternatively.000. The contract also granted Iris the right of first refusal to purchase the property at any time during the lease. Will the alternative prayer for extension of the lease prosper? (2%) XVII Felipe borrowed $100 from Gustavo in 1998.

it property. Dehlma told Juliet to redeem the property from Elaine. unilaterrally and immediately cancel the contract? (2%) c. She discovered that while the property was registered in Juliet's name under the Land Registration Act. When the mortgage was released. As of the 17th month. whereby the former agreed to construct the research and laboratory facilities of the latter. Must AB Corp. agreed to complete the facility in 18 months. at the total contract price of P10 million. asked for extension of time. paid 50% of the total contract price. claiming that its labor problems is a case of fortuitous event. AB Corp. but this was denied by XY Corp. Can Felipe compel Gustavo to receive US$100 instead? (1%) XVIII AB Corp. Before agreeing to purchase the property. XY Corp. Can Felipe validly refuse to pay Gustavo again? (2%) c. later experienced work slippage because of labor unrest in his company. return the 50% downpayment? (2%) XIX Juliet offered to sell her house and lot. Dehlma went to theAssessor's Office to get a new tax . the work slowdown. and requiring AB Corp. AB Corp. the balance to be paid upon completion of the work. Can the labor unrest be considered a fortuitous event? (1%) b. Can XY Corp. When it became certain that the contruction could not be finished on time. Thereafter. hence. to immediately vacate the premises. work was only 45% completed. Under the terms of the contract. but AB Corp.'s employees claimed that they are not being paid on time. entered into a contract with XY Corp.b. as amended by the Property Registration Decree. and gave her an advance payment to be used for purposes of realesing the mortgage on the property. together with all the furniture and appliances therein to Dehlma. and a new TCT was issued in Dehlma's name. Dehlma immediately took possession over the house and lot and the movables therein. The work stated immediately. AB Corp. a. sent written notice cancelling the contract. Juliet executed a Deed of Absolute Sale over the property which was duly registered with the Registry of Deeds. XY Corp. Dehlma went to the Register of Deeds to verify Juliet's title.

a. An oral partnership is valid. Was Dehlma a purchaser in good faith? (2%) b. e. A dead child can be legitimated. She was surprised to find out that the property was already declared for tax purposes in the name of XYZ Bank which had foreclosed the mortgage on the property before it was sold to her. Who owns the movables inside the house? (2%) CIVIL LAW_2009 PART I I TRUE or FALSE. 3344 and obtained a tax declaration in its name. Answer TRUE if the statement is true. or FALSE if the statement is false. The doctrine of "processual presumption" allows the court of the forum to presume that the foreign law applicable to the case is the same as the local or domestic law.declaration under her name. II . the property was still unregistered but XYZ Bank registered the Sheriff's Deed of Conveyance in the day book of the Register of Deeds under Act. Who as between Dehlma and XYZ Bank has a better right to the house and lot? (2%) c. XYZ Bank was also the purchaser in the foreclosure sale of the property. b. In reserva troncal. Explain your answer in not more than two (2) sentences. all reservatarios (reservees) inherit as a class and in equal shares regardless of their proximity in degree to the prepositus. (5%) a. c. At that time. An oral promise of guaranty is valid and binding. d.

and had three sons. went to the Office of the Mayor of Urbano. Lopez’s life insurance policy. Michael and Anna. Is the marriage of Michael and Anna valid. (4%) III In December 2000. Lopez. Thereafter. gave them to the secretary who returned to the Mayor’s office. and told Michael and Anna that they were already married. Roberto’s wife. after obtaining a valid marriage license. and went out to look for the Mayor who was attending a wedding in a neighboring municipality. she showed him the marriage contract forms and told him that the couple and their witnesses were waiting in his office. What is the status of the three children of Michael and Anna? Explain your answer. (2%) IV . the couple lived together as husband and wife. and their two children were spared because they were in the province at the time. She then gave copies of the marriage contract to the parties. and his son Roberto both died in a fire that gutted their home while they were sleeping in their air-conditioned rooms. (3%) b. When the secretary caught up with the Mayor at the wedding reception. Marilyn is now claiming for herself and her children her husband’s share in the estate left by Dr. What property regime governs the properties acquired by the couple? Explain. Lopez left an estate worth P20M and a life insurance policy in the amount of P1M with his three children --. a 70-year old widower. Rule on the validity of Marilyn’s claims with reasons. or void? Explain your answer.Dr. Dr. The Mayor was not there. The Mayor forthwith signed all the copies of the marriage contract. (2%) c. and her husband’s share in the proceeds of Dr. a. beneficiaries. of whom is Roberto --. Marilyn. to get married. but the Mayor’s secretary asked Michael and Anna and their witnesses to fill up and sign the required marriage contract forms. voidable. The secretary then told them to wait.

Alberto and Baldomero intervened claiming shares as the deceased’s illegitimate children. Elizabeth. a very wealthy woman. Caridad. Can Harry legally marry Elizabeth? Explain. The laws of New York do not recognize holographic wills or compulsory heirs. Baldomero. Dr. (2%) V Four children. divorced Harry. The legitimate family of Edilberto opposed the claim. Dr. (4%) VI On December 1. Wilma went to a small country in Europe. after all. were born to the spouses Conrado and Clarita de la Costa. wherein he gave nothing to his recognized illegitimate son. (3%) b. 2000. In the settlement of his estate.Harry married Wilma. and Dioscoro. He died in New York in 2007. what legal recourse would you advise him to take? Why? (2%) c. The children’s birth certificates were duly signed by Conrado. If Harry hires you as his lawyer. Harry tells you that he has fallen in love with another woman. Thus. Edilberto died leaving substantial properties. . and wants to marry her because. Wilma fell in love with Joseph. became a naturalized citizen of that country. Jay. a. passed the New York medical licensure examinations. Fuentes left for the United States. Are Alberto and Baldomero entitled to share in the estate of Edilberto? Explain. namely: Alberto. and married Joseph. A year thereafter. Juanito Fuentes executed a holographic will. Wilma and Joseph returned and established permanent residence in the Philippines. one Edilberto de la Cruz executed a notarial document acknowledging Alberto and Baldomero as his illegitimate children >with Clarita. Barely five (5) years into the marriage. Later. showing them to be the couple’s legitimate children. and became a naturalized American citizen. Wilma is already married to Joseph. resided therein. Is the divorce obtained by Wilma from Harry recognized in the Philippines? Explain your answer.

Ildefonso ordered the tenants to vacate the premises within thirty (30) days from notice because he had other plans for the building. (3%) IX Before migrating to Canada in 1992. insisting that they will only do so when the term of their lease shall have expired. and one nephew (the son of a deceased full-blood brother)? Explain. (3%) b. In 2000. Thereafter.000. he succeeded in obtaining a TCT over the property in his name. can Jay validly insist that he be given his legitime? Why or why not? (3%) VII Ramon Mayaman died intestate. leaving a net estate of P10. and title over the property was transferred in his name. three full-blood brothers. (3%) VIII Jude owned a building which he had leased to several tenants. Tan forged a deed of sale. Tan. Tan sold the same property to Luis. the spouses Teodoro and Anita entrusted all their legal papers and documents to their nephew. Atty. the latter notified all the tenants that he is the new owner of the building. Subsequently. If Ramon is survived by his wife. Taking advantage of the situation. Assuming that the will is probated in the Philippines. The tenants refused to vacate. If Ramon is survived by his wife. Determine how much each heir will receive from the estate: a. Atty. Jude sold the building to Ildefonso. two half-brothers. who built an auto repair shop on the property. .a.00. making it appear that he had bought the couple’s property in Quezon City. Luis registered the deed of conveyance. In 2004. a half-sister. Without informing his tenants. Is Ildefonso bound to respect the lease contracts between Jude and his tenants? Explain your answer.000. Atty. Can the holographic will of Dr. Fuentes be admitted to probate in the Philippines? Why or why not? (3%) b. and three nephews (sons of a deceased full-blood brother)? Explain.

If there is no marriage settlement. (4%) X Rommel’s private car. Explain your answer in not more than two (2) sentences. What action or actions will you institute in order to vindicate their rights? Explain fully. while being driven by the regular family driver. (2%) PART II XI TRUE or FALSE. Answer TRUE if the statement is true. in a notarized document. b. or FALSE if the statement is false. c. Acquisitive prescription of a negative easement runs from the time the owner of the dominant estate forbids. A clause in an arbitration contract granting one of the parties the power to choose more arbitrators than the other renders the arbitration contract void. the owner of the servient estate from executing an act which would be lawful without the easement. Rommel is not in the car when the incident happened. They immediately hire you as lawyer. (5%) a. the spouses Teodoro and Anita came to the Philippines for a visit and discovered what had happened to their property. a. Is Rommel liable for damages to the heirs of the deceased? Explain.In 2006. . Would your answer be the same if Rommel was in the car at the time of the accident? Explain. hits a pedestrian causing the latter’s death. (2%) b. the salary of a "spouse" in an adulterous marriage belongs to the conjugal partnership of gains. Amado.

Thereafter. a. Margarita filed an annulment case against Emmanuel before a Philippine court on the ground of her husband’s sterility at the time of the celebration of the marriage.S. Rafael died of natural causes. (2%) XIV Rodolfo. e. Assume Emmanuel and Margarita are both Filipinos. The Office of the Solicitor General files a motion to dismiss the petition on the ground that the case can no longer proceed because of the petitioner’s death. a 19year old girl. XII Emmanuel and Margarita. a one-year old foundling who had a severe heart ailment. After their wedding in Kenya. . they come back and take up residence in the Philippines. got married in the African state of Kenya where sterility is a ground for annulment of marriage. State Department. filed a petition for the adoption of Dolly. (2%) b. Should the case be dismissed? Explain. A person can dispose of his corpse through an act intervivos. a wealthy bachelor. Will your answer be the same if it was Dolly who died during the pendency of the adoption proceedings? Explain. Nanette sued Rodolfo for damages: actual. During the pendency of the adoption proceedings.d. Can their marriage be annulled on the ground of Emmanuel’s sterility? Explain. married to Sharon. a. American citizens and employees of the U. Nanette.S. Rona. Embassy in Manila. and begot a baby girl. the spouses were assigned to the U. Will the suit prosper? Explain your answer. (3%) XIII Rafael. On the first year of the spouses’ tour of duty in the Philippines. The renunciation by a co-owner of his undivided share in the co-owned property in lieu of the performance of his obligation to contribute to taxes and expenses for the preservation of the property constitutes dacion en pago. (3%) b. had an illicit affair with his secretary.

On the third. (4%) XVI Marciano is the owner of a parcel of land through which a river runs out into the sea. to cover the twelve monthly installment payments. to teach a lesson to like-minded Lotharios. will the court grant Rodolfo’s petition? Why or why not? (2%) XV Sarah had a deposit in a savings account with Filipino Universal Bank in the amount of five million pesos (P5. Sarah issued in favor of the bank post-dated checks. The bank then declared the whole obligation due.200. Is the bank correct? Explain. payable in twelve monthly installments. each in the amount of P100. a. (3%) b.for hospital and other medical expenses in delivering the child by caesarean section.00). he was not. the river has brought silt and sediment from its sources up in the mountains and forests so that gradually the land owned by Marciano increased in area by three hectares. Over the years.00. When Rona reaches seven (7) years old. Suppose Rodolfo later on acknowledges Rona and gives her regular support.000.000. Ulpiano built three huts on this additional area. and exemplary. she tells Rodolfo that she prefers to live with him. The land had been brought under the Torrens System.000. If Rodolfo files an action for the custody of Rona. the corresponding checks bounced. would you award all the claims of Nanette? Explain. claiming that Rodolfo promised to marry her.000. fourth and fifth months.000. in fact.00) from Sarah’s deposit after notice to her that this is a form of compensation allowed by law. where he and his two married children live. because he is better off financially than Nanette. and is cultivated by Ulpiano and his family as farmworkers therein. moral. To buy a new car. representing that he was single when. can he compel her to use his surname? Why or why not? (2%) c. alleging that he is Rona’s choice as custodial parent. .000. If you were the judge. and proceeded to deduct the amount of one million pesos (P1. she obtained a loan from the same bank in the amount of P1.00.

monggo beans and vegetables. as shown by tax declarations. When Marciano learned of the increase in the size of the land. (3%) XVIII The Ifugao Arms is a condominium project in Baguio City. does Ulpiano have against Marciano? Explain.000. he ordered Ulpiano to demolish the huts. and that his right is enforceable against the whole world. May Edwin. the alluvium belongs to him as a registered riparian owner to whose land the accretion attaches. Is Marciano correct? Explain. and demanded that he be paid his share in the proceeds of the harvest. she will execute a document in favor of Jennifer providing that the ring shall automatically be considered full payment of the loan. Jennifer may immediately sell the ring and appropriate the entire proceeds thereof for herself as full payment of the loan? Reasons. a. (3%) b. (3%) XVII Rosario obtained a loan of P100. (3%) b. Is the contract valid? Explain. A strong earthquake occurred which left huge cracks in the outer walls of the building. The contract signed by the parties stipulated that if Rosario is unable to redeem the ring on due date. As a result. Ulpiano and his family planted peanuts. Ulpiano also regularly paid taxes on the land.On this same area. Marciano claims that under the Civil Code.00 from Jennifer. if any. Will your answer to [a] be the same if the contract stipulates that upon failure of Rosario to redeem the ring on due date. for over thirty years. and pledged her diamond ring. a number of condominium units were rendered unfit for use. What rights. (4%) XIX . legally sue for partition by sale of the whole project? Explain. owner of one of the condominium units affected. a.

Under Article 26 of the Family Code. a Filipino citizen residing in the United States. If Ligaya. what law shall apply? Explain. the heirs executed an extrajudicial settlement of estate. one of whom. Julian moved to dismiss the suit on grounds of pari delicto. laches and acquisitive prescription. As coheirs and co-owners. (1%) b. a parcel of land in Binondo. is a naturalized Filipino citizen. Chua died in 1990. files a petition for change of name before a Philippine court. (2%) b. Six years after Chua’s death. Luciano de la Cruz sold to Chua Chung Chun. and the parcel of land was allocated to Julian. files a petition for change of name before the District Court of New York. when a foreign spouse divorces his/her Filipino spouse. . Luciano filed suit to recover the land he sold to Chua. If Henry. a. Julian. Decide the case with reasons. a Chinese citizen. the latter may re-marry by proving only that the foreign spouse has obtained a divorce against her or him abroad. a widower. died leaving a will stating that the house and lot where he lived cannot be partitioned for as long as the youngest of his four children desires to stay there. X. alleging that the sale was void because it contravened the Constitution which prohibits the sale of private lands to aliens. what law shall apply? Explain. (4%) XX a. leaving behind his wife and three children. an American citizen residing in the Philippines. (1%) II Multiple choice. (2%) CIVIL LAW_2010 I True or False. In 2007.In 1972. the other three may demand partition anytime.

a. A had a 4-storey building which was constructed by Engineer B. After five
years, the building developed cracks and its stairway eventually gave way and
collapsed, resulting to injuries to some lessees. Who should the lessees sue for
damages? (1%)
1. A, the owner
2. B, the engineer
3. both A & B
b. O, owner of Lot A, learning that Japanese soldiers may have buried gold and
other treasures at the adjoining vacant Lot B belonging to spouses X & Y,
excavated in Lot B where she succeeded in unearthing gold and precious
stones. How will the treasures found by O be divided? (1%)
1. 100% to O as finder
2. 50% to O and 50% to the spouses X and Y
3. 50% to O and 50% to the state
4. None of the above
c. A executed a Deed of Donation in favor of B, a bachelor, covering a parcel of
land valued at P1 million. B was, however, out of the country at the time. For
the donation to be valid, (1%)
1. B may e-mail A accepting the donation.
2. The donation may be accepted by B’s father with whom he lives.
3. B can accept the donation anytime convenient to him.
4. B’s mother who has a general power of attorney may accept the donation
for him.
5. None of the above is sufficient to make B’s acceptance valid
d. A executed a 5-page notarial will before a notary public and three witnesses.
All of them signed each and every page of the will.
One of the witnesses was B, the father of one of the legatees to the will. What
is the effect of B being a witness to the will? (1%)
1. The will is invalidated

2. The will is valid and effective
3. The legacy given to B’s child is not valid
Define, Enumerate or Explain. (2% each)
a. What is the difference between "guaranty" and "suretyship"?
b. Define quasi tort. Who are the persons liable under quasi torts and what are
the defenses available to them?
c. Give at least two reasons why a court may assume jurisdiction over a conflict
of laws case.
Spouses B and G begot two offsprings. Albeit they had serious personality
differences, the spouses continued to live under one roof. B begot a son by another
woman. G also begot a daughter by another man.
a. If G gives the surname of B to her daughter by another man, what can B do
to protect their legitimate children's interests? Explain. (5%)
b. If B acquiesces to the use of his surname by G’s daughter by another man,
what is/are the consequence/s? Explain. (5%)
G filed on July 8, 2000 a petition for declaration of nullity of her marriage to B.
During the pendency of the case, the couple entered into a compromise agreement to
dissolve their absolute community of property. B ceded his right to their house and
lot and all his shares in two business firms to G and their two children, aged 18 and
B also opened a bank account in the amount of P3 million in the name of the two
children to answer for their educational expenses until they finish their college

For her part, G undertook to shoulder the day-to-day living expenses and upkeep of
the children. The Court approved the spouses’ agreement on September 8, 2000.
a. Suppose the business firms suffered reverses, rendering G unable to support
herself and the children. Can G still ask for support pendente lite from B?
Explain. (3%)
b. Suppose in late 2004 the two children had squandered the P3 million fund for
their education before they could obtain their college degrees, can they ask for
more support from B? Explain. (3%)
Gigolo entered into an agreement with Majorette for her to carry in her womb his
baby via in vitro fertilization. Gigolo undertook to underwrite Majorette’s pre-natal
expenses as well as those attendant to her delivery. Gigolo would thereafter pay
Majorette P2 million and, in return, she would give custody of the baby to him.
After Majorette gives birth and delivers the baby to Gigolo following her receipt of
P2 million, she engages your services as her lawyer to regain custody of the baby.
a. What legal action can you file on behalf of Majorette? Explain. (2.5%)
b. Can Gigolo demand from Majorette the return of the P2 million if he returns
the baby? Explain. (2.5%)
c. Who of the two can exercise parental authority over the child? Explain. (2.5%)
d. Is the child entitled to support and inheritance from Gigolo? Explain. (2.5%)
G and B were married on July 3, 1989. On March 4, 2001, the marriage, which bore
no offspring, was declared void ab initio under Article 36 of the Family Code. At the
time of the dissolution of the marriage, the couple possessed the following

a house and lot acquired by B on August 3, 1988, one third (1/3) of the
purchase price (representing downpayment) of which he paid; one third (1/3)

a. 1990 out of a cash gift given to her by her parents on her graduation on April 6. 1987 and their marriage was dissolved in 2007. Can John file the petition for adoption? If yes. On Lea’s discovery of Rex’s fathering a child by another woman. a. During the subsistence of their marriage. If there was no legal separation.5%) IX Eighteen-year old Filipina Patrice had a daughter out of wedlock whom she named Laurie. 1989. (2. (5%) b. who owns the properties? Explain. At 26. (5%) VIII Spouses Rex and Lea bore two children now aged 14 and 8. Patrice married American citizen John who brought her to live with him in the United States of America. Rex now wants to adopt his illegitimate child.was paid by G on February 14. can Rex still adopt his illegitimate child? Explain. what are the requirements? If no. and the balance was paid out of the spouses’ joint income. Who owns the foregoing properties? Explain. why? (5%) X .5%) b. and  an apartment unit donated to B by an uncle on June 19. Whose consent is needed for Rex’s adoption of his illegitimate child? (2. Rex begot a child by another woman. she filed a petition for legal separation which was granted. 1987. He is now 10 years of age. If G and B had married on July 3. John at once signified his willingness to adopt Laurie.

Their absolute community of property having been dissolved. a. Venus. two years later. Is Venus legitimate. The couple acquired a residential lot in Parañaque. his teacher requested him to accommodate in his car.In 1997. Paula later obtained a judgment of nullity of marriage. a gift from his parents. After four (4) years or in 2001. Peter later re-married and had two (2) children by his second wife Marie. a. 16-year old Rozanno. they delivered P1 million to each of their 3 children as their presumptive legitimes. drove to school a car. declared null and void due to the absence of a marriage license. or legitimated? Explain briefly. as his class was scheduled to go on a field trip. having successfully engaged in business. she and B contracted marriage without a license. Peter and Marie. illegitimate. who was issued a student permit. Rozanno made a . On even date. acquired real properties. to whom would you award the lot? Explain briefly. The relationship produced one offspring. (3%) XI The spouses Peter and Paula had three (3) children. Peter later died intestate. Who are Peter’s legal heirs and how will his estate be divided among them? (5%) b. B and G started living together without the benefit of marriage. The marriage of B and G was. as he did. On the way to a museum which the students were scheduled to visit. four (4) of his classmates because the van rented by the school was too crowded. If you were the judge who declared the nullity of the marriage. What is the effect of the receipt by Peter’s 3 children by his first marriage of their presumptive legitimes on their right to inherit following Peter’s death? (5%) XII On May 5. 1989. (3%) b. G having completed her 4-year college degree as a fulltime student.

He and the three (3) others were badly injured. A typhoon knocked down the fence of the pond and the iguana crawled out of the gate of Primo’s residence. Ava later found gainful employment abroad. B. (2. Convinced. How about the damage to the jeepney? Explain. (2%) b. (2%) c. Who is liable for the death of Rozanno’s classmate and the injuries suffered by Rozanno and his 3 other classmates? Explain. He promised Ava that if she bought Lot E. Does Ava have a right to demand from Julia the activation of her right of way? Explain. N. On her return after more than 10 years. Ava bought Lot E and. (2. drawing the iguana to move .5%) b. causing a collision with a jeepney. except the date of occurrence of the incident. a neighbor who was passing by. and D. he would give her a right of way in Lot C.wrong maneuver. started throwing stones at the iguana. Ava cultivated Lot E and used the right of way granted by Franz. this time in mid-1994. a. the right of way was no longer available to her because Franz had in the meantime sold Lot C to Julia who had it fenced.5%) XIV Primo owns a pet iguana which he keeps in a man-made pond enclosed by a fence situated in his residential lot. can she do that? Explain. Franz gave her a right of way in Lot C. what would be your answer? Explain. One of his classmates died. Under the same facts. (2%) XIII Franz was the owner of Lot E which was surrounded by four (4) lots one of which – Lot C – he also owned. a. Assuming Ava opts to demand a right of way from any of the owners of Lots A. as promised.

Without informing X that she had sold the land to B1. Is anyone liable for N’s injuries? Explain.toward him. C died. incurring obligations in the process. When the restaurant had gone past break-even stage and started to garner considerable profits. Who are liable for the settlement of the partnership’s obligations? Explain? (3%) b. N panicked and ran but tripped on something and suffered a broken leg. A and B continued the business without dissolving the partnership. As she was abroad. and C entered into a partnership to operate a restaurant business. B. (4%) XV A. 2001 and executed a deed of absolute sale on behalf of X. What are the creditors’ recourse/s? Explain. Y thus sold the land to B1 on March 31. (3%) XVI X was the owner of an unregistered parcel of land in Cabanatuan City. signified to Y his interest to buy it but asked Y for her authority from X. Y thereafter sold the land on May 1. Who between B1 and B2 has a better right over the land? Explain. They in fact opened a branch of the restaurant. the first installment to be paid at the end of May 2001. X e-mailed Y an authority to sell the land. 2001 to B2 on monthly installment basis for two years. unaware of the sale of the land to B1. (5%) CIVIL LAW_2011 . B2. Creditors started demanding for the payment of their obligations. she advised her sister Y via overseas call to sell the land and sign a contract of sale on her behalf. a. B1 fully paid the purchase price. Y sought X for a written authority to sell.

(C) 6 months after the publication of the declaration of absence. but on the condition that the amount of the inheritance can only be ascertained after the obligations of the estate have been paid. . (3) Can future inheritance be the subject of a contract of sale? (A) No. (B) substitute parental authority. instruction. or custody is called (A) legal parental authority. (D) special parental authority. contrary to public policy. (C) No. (C) ordinary parental authority. (D) 15 days from the issuance of the declaration of absence. since it will put the predecessor at the risk of harm from a tempted buyer. (B) 3 months after the publication of the declaration of absence. since the death of the decedent is certain to occur. (D) Yes.Bar Examination Questionnaire for Civil Law Set A (1)When does a declaration of absence of a missing person take effect? (A) Immediately from the issuance of the declaration of absence. (B) Yes. since the seller owns no inheritance while his predecessor lives. (2) The authority that school administrators exercise over school children under their supervision.

since her travel was governed by a contract between them. (B) The original debtor shall pay or perform the obligation with recourse to the new debtor. (B) No. (C) The original debtor remains liable since he gave no consent to the substitution. (5) Lennie bought a business class ticket from Alta Airlines. since quasi-delict presupposes the absence of a pre-existing contractual relation between the parties. a new debtor substituted the original debtor without the latter’s consent. (D) The original debtor shall pay or perform 50% of the obligation to avoid unjust enrichment on his part. The creditor accepted the substitution. since the facts show a breach of contract. the manager downgraded her to economy on the ground that a Congressman had to be accommodated in the business class. (C) Yes. denying Lennie the comfort and amenities of the business class as provided in the ticket is a tortious act. (D) Yes. . and malice. however. not a quasi-delict. What is the effect of the new debtor’s default upon the original debtor? (A) The original debtor is freed of liability since novation took place and this relieved him of his obligation. Lennie suffered the discomfort and embarrassment of the downgrade. the breach of contract may in fact be tortious as when it is tainted as in this case with arbitrariness. Later.(4) Upon the proposal of a third person. As she checked in. gross bad faith. Is the airline correct? (A) No. no quasi-delict could arise. the new debtor became insolvent and defaulted in his obligation. She sued the airlines for quasi-delict but Alta Airlines countered that.

(C) have legal or equitable title to the property. to express his affection. (7) X and Y were to marry in 3 months.(6) Which of the following is an indispensable requirement in an action for "quieting of title" involving real property? The plaintiff must (A) be in actual possession of the property. He would not go to bed with her. (8) Rene and Lily got married after a brief courtship. Y suddenly died of heart attack. since X freely donated the property to Y who became its owner. (B) Yes. Before the wedding. which donation X wrote in a letter to Y. Lily discovered that while Rene presented himself as a macho man he was actually gay. (C) No. (C) She can go abroad and file for divorce in a country that can grant it. since the donation and its acceptance are not in a public instrument. X donated a house and lot to Y. He kept obscene magazines of nude men and always sought the company of handsome boys. Can Y’s heirs get the property? (A) No. (D) Yes. since the marriage did not take place. Y wrote back. Meantime. What legal remedy does Lily have? (A) She can file an action for annulment of marriage on ground of fraud. however. . After one month. (B) be the registered owner of the property. accepting the donation and took possession of the property. (B) She can seek a declaration of nullity of the marriage based on Rene’s psychological incapacity. since all the requisites of a donation of an immovable are present. (D) be the beneficial owner of the property.

and E get A’s share in the money? (A) Yes. without indicating the share of each donee. they can be subrogated to Raffy’s right only with his conformity. Will B. All the donees accepted the donation in writing. D. Before the land could be partitioned. A. and Rufus inherited a 10-hectare land from their father. for P5 million. (9) Lucio executed a simple deed of donation of P50 million on time deposit with a bank in favor of A. (C) No. Do Ester and Rufus have a remedy for keeping the land within their family? (A) Yes. C. however. (B) Yes. B. since the donor’s intention is to give the whole of P50 million to the jointdonees in equal shares. and E. D. A’s share goes to his heirs since the donation did not provide for reversion to donor. (B) Yes. accretion will automatically apply to the joint-donees in equal shares. A"s share will revert to the donor because accretion applies only if the joint-donees are spouses. (D) No. died. since there was no impediment to Raul selling his inheritance to a stranger. they may be subrogated to Raffy’s right provided they buy him out before he registers the sale. Ester. Raul sold his hereditary right to Raffy. they may be subrogated to Raffy’s right by reimbursing to him within the required time what he paid Raul. (10) Raul. one of the donees. C. . (C) No. (D) No. a stranger to the family.(D) She has none since she had the opportunity to examine the goods and freely entered into the marriage.

the innocent-spouse having died. Manuel had been previously convicted in Palawan of theft and served time for it. (13) Manuel came to Manila and married Marianne. knowing that he thereby causes an injustice to another. the latter is entitled to recover damages. Can Marianne seek the annulment of the marriage based on Manuel’s nondisclosure of his previous crime? (A) No. (C) Its cause is not authorized by the law. This is known as the principle of (A) res ipsa loquitur. (B) The truth of its cause is denied and not sufficiently proved by evidence. (B) Yes. since the non-disclosure of that crime is the equivalent of fraud. (D) abuse of rights. (B) damnum absque injuria. (D) Its cause is not specified.(11) When one exercises a right recognized by law. she stopped living with him. After Marianne learned of his previous conviction. (12) Which of the following is NOT a basis for rendering a disinheritance defective or imperfect? (A) Its cause comes from the guilt of a spouse in a legal separation case. . (C) vicarious liability. which is a ground for annulment. since the assumption is that marriage forgives all past wrongs. Unknown to Marianne.

(D) All the children are legitimate since they were born of the same father and mother.(C) No. What is the status of their 4 children? (A) The children born before the divorce are legitimate but those born after it are not since Arthur got the divorce when he had ceased to be a Filipino. (C) All persons who can make a last will and testament. Arthur later worked in Rome where he acquired Italian citizenship. both Filipinos. and resumed living with her. (15) Who can make a donation? (A) All persons who can enter into contracts and dispose of their property. . (D) All persons. since Manuel already served the penalty for his crime. he realized his mistake. (C) The children born before and after the divorce are all legitimate since Philippine law does not recognize divorce. whether natural or artificial. (14) Arthur and Helen. on returning to the Philippines. asked forgiveness of his wife. who own property. They had 2 more children. (B) All persons who are of legal age and suffer from no civil interdiction. got married and had 2 children. the law must be construed to preserve the institution of marriage. He got a divorce from Helen in Rome but. in case of doubt. (D) No. (B) The divorce rendered illegitimate the children born before it since the marriage that begot them had been nullified.

(C) 10 years from the receipt of the last news about him. (B) 7 years from the receipt of the last news about him. (D) Expenses for the preservation and improvement of property. (C) Solidary. (18) Which of the following claims against the debtor enjoys preference over the others with respect to his specific immovable property and real rights? (A) Unpaid price of real property sold. (17) When can a missing person who left someone to administer his property be declared an absentee by the court? When he has been missing for (A) 2 years from the receipt of the last news about him. when the law authorizes reimbursement. (B) Mortgage credits recorded in the registry of property. including industrial partners for partnership contracts entered into in its name and for its account. (D) 5 years from the receipt of the last news about him. upon the preserved or improved immovable. . upon the mortgaged real estate. (C) Taxes due. (D) Voluntary. upon the land or building.(16) The liability of the partners. (B) Joint. upon the immovable property. when all partnership assets have been exhausted is (A) Pro-rata.

an event that neither the agent nor the buyer knew at the time of the sale.000. A and B claimed that it was exempt from execution. being a family home. they agreed to have their daughter build her family home on it. they are rendered (A) rescissible. (B) Valid. The spouses built their house on it worth P300. (B) void.(19) When bilateral contracts are vitiated with vices of consent. (21) Spouses A and B leased a piece of land belonging to B's parents for 25 years. because there is no judicial declaration that it is a family home. the court found the latter liable to C for P200.00. The agent executed the deed of absolute sale on behalf of his principal two days after the principal died. (20) An agent. When the sheriff was attaching their house for the satisfaction of the judgment. because while B’s parents own the land.000. Is this claim correct? (A) Yes. . (D) Unenforceable.00. authorized by a special power of attorney to sell a land belonging to the principal succeeded in selling the same to a buyer according to the instructions given the agent. (C) Void. in a case that C filed against A and B. (C) unenforceable. (D) voidable. What is the standing of the sale? (A) Voidable. Subsequently. (B) No.

(C) No, since the land does not belong to A and B, it cannot qualify as a family
(D) Yes, because the A and B’s family actually lives in that house.
(22) Solomon sold his coconut plantation to Aragon, Inc. for P100 million, payable in
installments of P10 million per month with 6% interest per annum. Solomon
married Lorna after 5 months and they chose conjugal partnership of gains to
govern their property relations. When they married, Aragon had an unpaid balance
of P50 million plus interest in Solomon’s favor. To whom will Aragon’s monthly
payments go after the marriage?
(A) The principal shall go to the conjugal partnership but the interests to
(B) Both principal and interests shall go to Solomon since they are his
exclusive properties.
(C) Both principal and interests shall go to the conjugal partnership since
these become due after the marriage.
(D) The principal shall go to Solomon but the interests to the conjugal
(23) X and Y, although not suffering from any impediment, cohabited as husband
and wife without the benefit of marriage. Following the birth of their child, the
couple got married. A year after, however, the court annulled the marriage and
issued a decree of annulment. What is the present status of the child?
(A) Legitimated.
(B) Illegitimate.
(C) Natural child.

(D) Legitimate.
(24) When A and B married, they chose conjugal partnership of gains to govern
their property relations. After 3 years, B succeeded in getting her marriage to A
annulled on ground of the latter’s psychological incapacity. What liquidation
procedure will they follow in disposing of their assets?
(A) They will follow the rule governing the liquidation of a conjugal
partnership of gains where the party who acted in bad faith forfeits his share
in the net profits.
(B) Since the marriage has been declared void, the rule for liquidation of
absolute community of property shall be followed.
(C) The liquidation of a co-ownership applies since the annulment brought
their property relation under the chapter on property regimes without
(D) The law on liquidation of partnerships applies.
(25) X and Y agreed verbally before their marriage (a) on the paternity of the
illegitimate child of Y and (b) on the economic regime that will govern X and Y’s
property relations. Is the verbal agreement valid?
(A) No, because a marriage settlement to be valid should be in writing.
(B) Yes, since ante-nuptial agreements need not be in writing.
(C) No, because a marriage settlement cannot include an agreement on the
paternity of an illegitimate child.
(D) Yes, since even if it is not a valid marriage settlement, it is a valid verbal

(26) Spouses X and Y have a minor daughter, Z, who needs support for her
education. Both X and Y, who are financially distressed, could not give the needed
support to Z. As it happens, Z’s other relatives are financially capable of giving that
support. From whom may Z first rightfully demand support? From her
(A) grandfather.
(B) brother.
(C) uncle.
(D) first cousin.
(27) Fidel, a Filipino with fair complexion, married Gloria. Before the marriage,
Gloria confessed to Fidel that she was two-month pregnant with the child of a black
African who had left the country for good. When the child was born, Fidel could not
accept it being too black in complexion. What is the status of the child?
(A) Illegitimate, because Gloria confessed that the child is not Fidel’s.
(B) Illegitimate, because by the color of its skin, the child could not possibly
be that of Fidel.
(C) Legitimate, because the child was born within a valid marriage.
(D) Legitimate, because Fidel agreed to treat the child as his own after Gloria
told him who the father was.
(28) The husband’s acts of forcibly ejecting his wife without just cause from the
conjugal dwelling and refusing to take her back constitutes
(A) desertion.
(B) recrimination.
(C) constructive abandonment.

(D) a collective institution. since the spouses co-own such property. regardless of value. (C) No. The designation was irrevocable. X’s designation of Y is revoked by operation of law upon the annulment of their marriage based on Y’s fault. (31) May a spouse freely donate communal or conjugal property without the consent of the other? (A) Absolutely not. since the insurance was not dependent on the marriage. as his sole beneficiary. the testator designated X as a legatee to receive P2 million for the purpose of buying an ambulance that the residents of his Barangay can use. designating Y. Is Y entitled to the insurance benefits? (A) Yes. A few years later. (B) a modal institution. since her designation as beneficiary was irrevocable. X’s designation of Y remains valid and binding. X had their marriage annulled in court on the ground that Y had an existing prior marriage. (29) In his will. since without judicial revocation. (D) Yes. (B) Yes. X subsequently died.(D) de facto separation. for properties that the family may spare. . his wife. (30) X insured himself for P5 million. What kind of institution is this? (A) a fideicomissary institution. (C) a conditional institution. (B) Yes.

(C) Marlon gets 1/2 and Cecilia gets 1/2. What are the rights and obligations of the buyer? (A) He can accept all 6. He left the following heirs: a) Marlon. the assigns or the heirs are not bound by the contracts. in a donation mortis causa that the donor may still revoke in his lifetime. provided the donation is moderate and intended for charity or family rejoicing. (D) Obligatory force of contracts. (D) Yes. by stipulation. (B) Marlon gets 2/3 and Cecilia 1/3. a legitimate child and b) Cecilia. (B) Freedom to stipulate.000 apples and pay the seller at P20 per apple. except where the rights and obligations arising from the contract are not transmissible by their nature. The seller delivered 6. .000 apples. (33) Contracts take effect only between the parties or their assigns and heirs.000 apples from the seller at P20 per apple.(C) Yes. the legal spouse. (A) Marlon gets 1/4 and Cecilia gets 3/4. (D) Marlon gets 3/4 and Cecilia 1/4. This is known as the principle of (A) Relativity of contracts. In the latter case. or by provision of law. (34) A buyer ordered 5. Divide the estate. (C) Mutuality of contracts. (32) The decedent died intestate leaving an estate of P10 million.

.(B) He can accept all 6. (D) Void.000 apples and pay a lesser price for the 1. (C) No. Later. X sold it to Y without informing the latter about it. the parties could not agree which of five lots he owned Lino undertook to sell to Ramon. having changed engine without prior demand.000 excess apples. (36) Knowing that the car had a hidden crack in the engine. undertaking to convey to the latter one of the five lots he owns. (B) Voidable. because Y is in estoppel. X knew of it but he acted in bad faith in not disclosing the fact to Y. (D) He can cancel the whole transaction since the seller violated the terms of their agreement. for the price of P1 million. (C) Rescissible.000 apples without paying for the 1. What is the standing of the contract? (A) Unenforceable. Does Y have the right to demand from X a reimbursement of what he spent to repair the engine plus damages? (A) Yes. (C) He can keep the 6. X is liable whether or not he was aware of the hidden defect. (B) Yes. (35) Lino entered into a contract to sell with Ramon. since the defect was not hidden. the deed of sale expressly stipulated that X was not liable for hidden defects. In any event.000 excess since the seller delivered them anyway. without specifying which lot it was.

(D) No, because Y waived the warranty against hidden defects.
(37) Acme Cannery produced sardines in cans known as "Sards." Mylene bought a
can of Sards from a store, ate it, and suffered from poisoning caused by a noxious
substance found in the sardines. Mylene filed a case for damages against Acme.
Which of the following defenses will hold?
(A) The expiry date of the "Sards" was clearly printed on its can, still the
store sold and Mylene bought it.
(B) Mylene must have detected the noxious substance in the sardines by
smell, yet she still ate it.
(C) Acme had no transaction with Mylene; she bought the "Sards" from a
store, not directly from Acme.
(D) Acme enjoys the presumption of safeness of its canning procedure and
Mylene has not overcome such presumption.
(38) Fernando executed a will, prohibiting his wife Marina from remarrying after
his death, at the pain of the legacy of P100 Million in her favor becoming a nullity.
But a year after Fernando’s death, Marina was so overwhelmed with love that she
married another man. Is she entitled to the legacy, the amount of which is well
within the capacity of the disposable free portion of Fernando’s estate?
(A) Yes, since the prohibition against remarrying is absolute, it is deemed not
(B) Yes, because the prohibition is inhuman and oppressive and violates
Marina’s rights as a free woman.
(C) No, because the nullity of the prohibition also nullifies the legacy.
(D) No, since such prohibition is authorized by law and is not repressive; she
could remarry but must give up the money.

(39) X, the owner, constituted a 10-year usufruct on his land as well as on the
building standing on it in Y’s favor. After flood totally destroyed the building 5 years
later, X told Y that an act of God terminated the usufruct and that he should vacate
the land. Is X, the owner of the land, correct?
(A) No, since the building was destroyed through no fault of Y.
(B) No, since Y still has the right to use the land and the materials left on it.
(C) Yes, since Y cannot use the land without the building.
(D) Yes, since the destruction of the building without the X’s fault terminated
the usufruct.
(40) In gratitude, the groom’s parents made a donation of a property in writing to
the bride’s parents shortly before their children’s wedding. The donation was
accepted. What is the nature of the donation?
(A) It is an ordinary donation since it was not given to the bride or groom.
(B) It is donation propter nuptias since it was given with the marriage in
(C) It is an indirect donation propter nuptias since the bride would eventually
inherit the property from her parents.
(D) It is a remunatory donation.
(41) X and Y, both Filipinos, were married and resided in Spain although they
intend to return to the Philippines at some future time. They have not executed any
marriage settlements. What law governs their property relations?
(A) They may choose between Spanish law and Philippine law.
(B) Philippine law since they are both Filipinos.

(C) No regime of property relations will apply to them.
(D) Spanish law since they live in Spain.
(42) Birth determines personality. Death extinguishes it. Under what circumstances
may the personality of a deceased person continue to exist?
(A) In case of re-appearance of a missing person presumed dead.
(B) In protecting the works of a deceased under intellectual property laws.
(C) In case of declaration of presumptive death of a missing spouse.
(D) In the settlement of the estate of a deceased person.
(43) Six tenants sued X, the landowner, for willfully denying them water for their
farms, which water happened to flow from land under X’s control, his intention
being to force them to leave his properties. Is X liable for his act and why?
(A) No, because the tenants must be content with waiting for rainfall for their
(B) No, since X owns both the land and the water.
(C) Yes, because the tenants’ farms have the natural right of access to water
wherever it is located.
(D) Yes, since X willfully caused injury to his tenants contrary to morals, good
customs or public policy.
(44) Illegitimate brothers and sisters, whether of full or half-blood, are bound to
support each other, EXCEPT when
(A) the brother or sister who needs support lives in another place.
(B) such brothers and sisters are not recognized by their father.

Is Virgilio liable for the death of MB? (A) No. (C) No. (D) Yes. the child was 7 years old and knew the dangers that the pool offered. Y continued using the property with X’s consent.(C) the brother or sister in need stops schooling without valid reason. (B) under the same terms and conditions as before. (D) for only a year. since Virgilio did not cover the swimming pool while not in use to prevent children from falling into it. it is understood that they impliedly renewed the lease (A) from month to month under the same conditions as to the rest. (C) under the same terms except the rent which they or the court must fix. since the pool was bare and had no enticing or alluring gadgets. Still. already of age. Virgilio had the duty to prevent children from coming near it. premised on the principle of "attractive nuisance". (46) The term of a 5-year lease contract between X the lessor and Y the lessee. where rents were paid from month to month. He accidentally tripped. a 7-year old child. being an attractive nuisance. came to an end. . surreptitiously entered the garden and merrily romped around the ledges of the pool. (B) Yes. with the rent raised by 10% pursuant to the rental control law. is due to the latter's fault. MB’s parents sued Virgilio for damages arising from their child’s death. or devices in it that would attract a 7-year old child. In such a case. (45) Virgilio owned a bare and simple swimming pool in his garden. fell into the pool. and drowned. MB. (D) the need for support of a brother or sister. floats.

(C) mother. (C) No. Without his consent. his friend Boyong paid the whole loan. since Boyong paid for Asiong’s loan without his approval. (48) Illegitimate children. (B) No. the donation is not deemed made until the suspensive condition has been fulfilled. (B) No. The municipality properly accepted the donation but did not yet build the public school after 2 years. but Rex is entitled to recover the value of the land from the municipality.(47) Rex. the transfer of ownership has been completed. (D) Yes. donated a valuable lot to the municipality on the condition that it will build a public school on such lot within 2 years from its acceptance of the donation. (B) mother or biological father. but the bank can foreclose and pay Boyong back. since the donation is subject to a resolutory condition which was not fulfilled. Can Rex revoke the donation? (A) Yes. secured by a mortgage on his land. a philanthropist. (D) biological father unless he judicially opposes it. (49) Asiong borrowed P1 million from a bank. can Boyong compel the bank to subrogate him in its right as mortgagee of Asiong's land? (A) No. shall use the surname of their (A) biological father subject to no condition. . at the mother’s discretion. those not recognized by their biological fathers. Since Asiong benefited from the payment.

however. Before Rudolf could comply. since Rudolf should have split the payment between Rodrigo and Fernando. not retroactive. since it is but right that Boyong be able to get back his money and. (D) Yes. (B) No. (C) Yes. Did Rudolf make a valid payment? (A) No.(C) Yes. Rodrigo wrote a letter to Rudolf. already made a prior demand for payment from Rudolf. since Fernando was a solidary creditor. (B) No. since the payment covers the whole obligation. (C) Yes. since Rodrigo. the other solidary creditor. payment to him extinguished the obligation. tax laws are an exception. Fernando went to see him personally to collect and he paid him. if not. (51) Rudolf borrowed P1 million from Rodrigo and Fernando who acted as solidary creditors. The law. they can be given retroactive effect. since a change of creditor took place by novation with the bank’s consent. the law is arbitrary in that it taxes income that has already been spent. (D) Yes. to foreclose the mortgage in the manner of the bank. taxed incomes already earned within the fiscal year when the law took effect. Is the law valid? (A) No. demanding payment of the loan directly to him. since tax laws are the lifeblood of the nation. (50) Congress passed a law imposing taxes on income earned out of a particular activity that was not previously taxed. . because laws are intended to be prospective. (D) Yes. When the loan matured.

Is the will valid? (A) Yes. because the non-designation of heirs defeats the purpose of a will. . B gave birth to a child. the recognition of an illegitimate heir is an ample reason for a will. claiming it is A’s child. (B) No. Two months after A’s death. (B) Those enjoying specific regimes under the New Civil Code may adopt the regime of absolute community of property under the Family Code. (C) No. the testator has made him his heir. (54) A left B. (53) The testator executed a will following the formalities required by the law on succession without designating any heir. the will comes to life only when the proper heirs are instituted. (D) They are superseded by the Family Code which has retroactive effect. since in recognizing his illegitimate child. (B) The State which has interest in the welfare of overseas contract workers. his wife. Who can assail the legitimacy of the child? (A) A’s other heirs apart from B. (C) Those that married under the New Civil Code but did not choose any of its regimes shall now be governed by the regime of absolute community of property. (D) Yes. The only testamentary disposition in the will is the recognition of the testator's illegitimate child with a popular actress.(52) What happens to the property regimes that were subsisting under the New Civil Code when the Family Code took effect? (A) The original property regimes are immutable and remain effective. in the Philippines to work in Egypt but died in that country after a year’s continuous stay.

Since the Judge maintained Boracay as his residence. (B) No since X acted in good faith. were separated when they were quite young. . Can X be held liable for bigamy? (A) No since X’s marriage to Y is void ab initio or did not exist. because the Judge acted beyond his territorial jurisdiction and is administratively liable for the same. Since X did not want to continue with the relation when he heard of it. (D) No one since A died. since the improper venue is merely an irregularity. (56) X and Y. What is the status of the marriage. conscious that public policy did not approve of marriage between first cousins. (A) Valid. got married in Los Angeles. The sponsors were all public officials. (C) Yes since he married Z without first securing a judicial declaration of nullity of his marriage to Y. because the Judge did not solemnize the marriage within the premises of his court. USA. came to the Philippines and married Z. (B) Void. he agreed. Filipinos. all the elements of a valid marriage are present. using a marriage license issued by the Philippine consul in Los Angeles. (D) Void. who were sisters.(C) Any one who is outraged by B’s claim. (55) QR and TS who had a marriage license requested a newly appointed Judge in Manila to marry them on the beach of Boracay. he left Y. X and Y did not know that they were first cousins because their mothers. because the couple did not get local permit for a beach wedding. acting as Civil Registrar. (C) Voidable.

Is the rescission valid? (A) Yes. X automatically rescinded the sale without notarial notice to Y. (B) Yes. Carlos. as owner of the property sold. since Allan made no announcement of the tender. (58) X sold Y 100 sacks of rice that Y was to pick up from X’s rice mill on a particular date. Y did not. Allan consigned the payment in court. the buyer is entitled to a customary 30-day extension of his obligation to take delivery of the goods. however. (57) Allan bought Billy’s property through Carlos. an agent empowered with a special power of attorney (SPA) to sell the same. Billy's agent. since consignation without tender of payment is allowed in the face of the conflicting claims on the plaintiff. (D) Yes. automatic rescission is allowed since. since there was no express agreement regarding automatic rescission. (D) No. having the character of movables and consumables. Is he correct? (A) No. directing Allan to pay directly to him. When Allan was ready to pay as scheduled. . After one week. appear on the agreed date to take delivery of the rice. (C) Yes. the seller should first determine that Y was not justified in failing to appear.(D) Yes since his first marriage to Y in Los Angeles is valid. On learning of this. Billy can demand payment directly to himself. rice can easily deteriorate. contending that the consignation is ineffective since no tender of payment was made to him. told Allan to pay through him as his SPA provided and to protect his commission. (B) No. a tender of payment is required for a valid consignation. Faced with two claimants. Billy protested. (C) No. Billy called.

the heirs of X asked Y to execute a deed . since the dispute could have been settled with the parties agreeing to legal separation. leaving a legal wife and a child in Australia and a live-in partner with whom he had two children in Manila. Since they were friends. (61) X bought a land from Y. to avoid a family feud that is hurtful to everyone. Is the dismissal proper? (A) No. After 7 years. (C) Philippine law since the decedent died in Manila and he executed his will according to such law. efforts at a compromise will only deepen the wife’s anguish. He also left a will. (C) Yes. He died in Manila. (D) Yes. (60) An Australian living in the Philippines acquired shares of stock worth P10 million in food manufacturing companies. (D) Philippine law since the decedent’s properties are in the Philippines. (B) No. they did not execute any document of sale. The judge dismissed the case for having been filed without complying with a condition precedent. paying him cash. leaving all his properties to his live-in partner and their children. done according to Philippine laws. What law will govern the validity of the disposition in the will? (A) Australia law since his legal wife and legitimate child are Australians and domiciled in Australia.(59) The wife filed a case of legal separation against her husband on the ground of sexual infidelity without previously exerting earnest efforts to come to a compromise with him. since legal separation like validity of marriage is not subject to compromise agreement for purposes of filing. (B) Australian law since the intrinsic validity of the provisions of a will is governed by the decedent’s national law.

the action to enforce the verbal agreement has already elapsed. After a year. (62) A court declared Ricardo.of absolute sale to formalize the verbal sale to their father. after full payment. X’s heirs filed an action for specific performance against Y. after more than 6 years. an absentee and appointed Cicero administrator of his property. Cicero will cease to be administrator of his properties. Judy wants to file a case for annulment of marriage against Baldo on ground of lack of consent. Will her action prosper? (A) Yes. the action became imprescriptible. (C) Cicero automatically becomes administrator of Ricardo’s estate until judicially relieved. since the sale cannot under the Statute of Frauds be enforced. since X bought the land and paid Y for it. Judy decided in the meantime to freely cohabit with Baldo. (63) Baldo. a rejected suitor. (D) Cicero’s alienations of Ricardo's property will be set aside. the action for annulment is imprescriptible. After more than 5 years following their wedding. (B) No. intimidated Judy into marrying him. Unwilling to do so. . (D) Yes. While she wanted to question the validity of their marriage two years after the intimidation ceased. (C) Yes. it was discovered that Ricardo had died abroad. (B) The administration shall be given by the court having jurisdiction over the intestate proceedings to a new administrator whom it will appoint. What is the effect of the fact of his death on the administration of his property? (A) With Ricardo no longer an absentee but a deceased person. Will their action prosper? (A) No. an old bachelor.

because in leaving the conjugal home without just cause. (C) State. The marriage not having been dissolved. the boat sank in a storm. the husband continues to have an obligation to support his wife. because the wife must always be submissive and respectful to the husband. (D) Other collateral relatives up to the 5th degree of consanguinity. since the right to receive support is not subject to any condition. because the marriage was celebrated without Judy's consent freely given. who is the last intestate heirs or heir who will inherit if all heirs in the higher level are disqualified or unable to inherit? (A) Nephews and nieces. Before they could deliver it. however. since the marriage was merely voidable and Judy ratified it by freely cohabiting with Baldo after the force and intimidation had ceased . since the action prescribed 5 years from the date of the celebration of the marriage. The . (D) Yes. (B) Yes. (C) No. (65) In the order of intestate succession where the decedent is legitimate.(B) No. (D) Yes. (66) Roy and Carlos both undertook a contract to deliver to Sam in Manila a boat docked in Subic. (C) No. (64) Is the wife who leaves her husband without just cause entitled to support? (A) No. she forfeits her right to support. (B) Brothers and sisters.

(D) Joanne gets 1/4. (D) Joint since the conversion of their liability to one of indemnity for damages made it joint.contract provides that fortuitous event shall not exempt Roy and Carlos from their obligation. what will be the free portion of his estate. Owing to the loss of the motor boat. (C) Solidary since Roy and Carlos failed to perform their obligation to deliver the motor boat. (A) Joanne gets all. whether or not mentioned in it. If. Is the liability of Roy and Carlos joint or solidary? (A) Neither solidary nor joint since they cannot waive the defense of fortuitous event to which they are entitled. his estate alone amounted to P100 million. the other half is free portion. is known as the (A) warranty on quality. the remaining 3/4 is free portion. such obligation is deemed converted into one of indemnity for damages. (67) Joanne married James. Through James' hard work. the remaining 2/3 is free portion. When James died. estate has no free portion left. (B) Solidary or joint upon the discretion of Sam. a person with no known relatives. (C) Joanne gets 1/3. James designates Joanne as his only heir. (B) Joanne gets 1/2. (B) warranty against hidden defects. he and his wife Joane prospered. . (68) A warranty inherent in a contract of sale. in his will.

values that the generally accepted principles of international law accepts. (D) When the precedent has ceased to be beneficial and useful. Filipinos. have been sweethearts for 5 years. (B) When the application of the doctrine would cause great prejudice to a foreign national. (D) warranty in merchantability." . Ric died a year later. (C) When necessary to promote the passage of a new law. since it is valid in the country where it was executed. since they executed their joint will out of mutual love and care. While working in a European country where the execution of joint wills are allowed. (D) Yes. (B) No. since Philippine law prohibits the execution of joint wills and such law is binding on Ric and Josie even abroad. in the highest interest of comity of nations and to honor the wishes of the deceased. (70) Ric and Josie.(C) warranty against eviction. the two of them executed a joint holographic will where they named each other as sole heir of the other in case either of them dies. But the doctrine can be abandoned (A) When adherence to it would result in the Government’s loss of its case. Can Josie have the joint will successfully probated in the Philippines? (A) Yes. (C) Yes. Unfortunately. (69) The doctrine of stare decisis prescribes adherence to precedents in order to promote the stability of the law. applying the principle of "lex loci celebrationis.

is his illegitimate child. since the instrument containing the marriage settlement is essentially void for containing an unrelated matter. since the marriage did not take place. (D) Yes. if they acquired properties while living together as husband and wife. thereafter. (B) Yes. ML borrowed P6 million from PF before the waiver. Does the marriage settlement have any significance? (A) None. (72) While engaged to be married. sue him for the unpaid loan. Does PF.(71) ML inherited from his father P5 million in legitime but he waived it in a public instrument in favor of his sister QY who accepted the waiver in writing. (C) No. PF objected to the waiver and filed an action for its rescission on the ground that he had the right to ML’s P5 million legitime as partial settlement of what ML owed him since ML has proved to be insolvent. Arnold and Josephine agreed in a public instrument to adopt out the economic regime of absolute community of property. have the right to rescind the waiver? (A) No. because a legitime cannot be waived in favor of a specific heir. . insofar as Arnold acknowledged Mary as his illegitimate child. it must be divided among all the other heirs. But Josephine died before the marriage could take place. because the waiver is prejudicial to the interest of a third person whose interest is recognized by law. (B) Yes. PF must wait for ML to become solvent and. But as it happened. (C) None. because the waiver in favor of his sister QY amounts to a donation and she already accepted it. as creditor. (D) Yes. Arnold acknowledged in the same instrument that Josephine’s daughter Mary.

500.225. he returned to the Philippines and married Leonora. and C. A irrevocably repudiated his inheritance from T in a public instrument filed with the court. He left as heirs three legitimate children. because he did not cause the judicial issuance of declaration of the nullity of his first marriage to Jenny before marrying Leonora. as A’s children. . D and E.000 by right of representation since their father repudiated his inheritance. (B) Each of D and E will get P2. namely.000. (74) T died intestate. get from T’s estate? (A) Each of D and E will get P1. because Joseph's marriage to Jenny is void. A. "B" and "C" will get A’s share by right of accretion. What is the status of this second marriage? (A) Void. USA. (C) D and E will get none because of the repudiation. married Jenny. After three years.000. (B) Valid. leaving an estate of P9.(73) Joseph. A has two children. How much. a 17-year old Filipino. (C) Valid.000 because they will inherit from the estate equally with B and C. Their parents gave full consent to the marriage of their children. he being only 17 years of age when he married her. When Joseph turned 25 years. Joseph filed a petition in the USA to promptly divorce Jenny and this was granted. where the marriage was valid. a 21-year old American in Illinois. Before he died. if any. because his marriage to Leonora has all the elements of a valid marriage. because Joseph is still considered married to Jenny since the Philippines does not recognize divorce. will D and E. B. (D) Void.

who was abroad. Acting for his brother. Y executed a notarized deed of absolute sale of the land to Z after receiving payment. (D) Valid. since the buyer could file an action to compel X to execute a deed of sale.000. (B) Void. . This is known as (A) equitable mortgage. (75) No decree of legal separation can be issued (A) unless the children’s welfare is attended to first. since Y was truly his brother X’s agent and entrusted with the title needed to effect the sale. (B) conventional redemption. (C) unless the court first directs mediation of the parties. (76) X. What is the status of the sale? (A) Valid.(D) Each of D and E will get P2. (B) without prior efforts at reconciliation shown to be futile. Y. (D) without prior investigation conducted by a public prosecutor. (77) In a true pacto de retro sale. phoned his brother.000 because the law gives them some advantage due to the demise of "A". (C) Valid. X sent the title to Y by courier service. the title and ownership of the property sold are immediately vested in the vendee a retro subject only to the resolutory condition of repurchase by the vendor a retro within the stipulated period. authorizing him to sell X’s parcel of land in Pasay. since X should have authorized agent Y in writing to sell the land. since a notarized deed of absolute sale covered the transaction and full payment was made.

(C) legal redemption. (C) The transaction is void and can neither be ratified by the wife nor authorized by the court. What is the standing of the contract? (A) It is void in the absence of the wife’s consent. (D) It is considered a continuing offer by the parties. (B) refers to an obligation in writing to do or not to do. (D) equity of redemption. (80) When the donor gives donations without reserving sufficient funds for his support or for the support of his dependents. otherwise entitling the obligee to damages. giving it possession and management of the plantation with power to harvest and sell the fruits and to apply the proceeds to the payment of a loan he got. perfected only upon the wife’s acceptance or the court’s authorization. (B) It is void absent an authorization from the court. his donations are . (78) A natural obligation under the New Civil Code of the Philippines is one which (A) the obligor has a moral obligation to do. Subsequently. (D) cannot be judicially enforced but authorizes the obligee to retain the obligor’s payment or performance. (C) the obligee may enforce through the court if violated by the obligor. the husband entered into an antichretic transaction with a company. (79) The husband assumed sole administration of the family’s mango plantation since his wife worked abroad. without his wife’s knowledge.

if refused. Two days after receipt of the letter. Anne personally offered to pay Bessy in manager's check but the latter refused to accept the same. (81) Anne owed Bessy P1 million due on October 1. will not discharge the obligation without proper consignation in court. since it results in economic lesion of more than 25% of the value of his properties. publicly. (D) No. peacefully. 2011 but failed to pay her on due date. (B) No. however. claiming that they became owners of the land through acquisitive prescription. (C) Yes. (B) Voidable. The owner of that land decided. (C) Void. since it amounts to wanton expenditure beyond his means. to close it in preparation for building his house on it. since tender of payment even in cash.(A) Rescissible. which is presumed funded. The residents protested. since Anne tendered payment of the full amount due. (82) The residents of a subdivision have been using an open strip of land as passage to the highway for over 30 years. since Bessy’s refusal of the manager’s check. having been in possession of the same in the concept of owners. since a manager’s check is not considered legal tender in the Philippines. (D) Reducible to the extent that the donations impaired the support due to himself and his dependents. and continuously for more than 30 years. The 5 days lapsed. amounts to a satisfaction of the obligation. Is this claim correct? . May Anne’s obligation be considered extinguished? (A) Yes. Bessy sent a demand letter to Anne giving her 5 days from receipt within which to pay. since his consent to the donation is vitiated by mindless kindness.

and smoke. (B) No. the owner did not abandon his right to the property. since court should promote amicable settlement among relatives. community ownership by prescription prevails over private claims. offensive odor. (C) Yes. (83) The owner of a thing cannot use it in a way that will injure the right of a third person. (D) Yes. Is the dismissal in order? (A) No. (84) Janice and Jennifer are sisters. Jennifer’s business partner for recovery of property with damages. The judge dismissed the complaint outright for failure to comply with a condition precedent. Janice sued Jennifer and Laura. every building or land is subject to the easement which prohibits its proprietor or possessor from committing nuisance like noise.(A) No. (D) Jus abutendi. jarring. (B) Yes. the residents have not been in continuous possession of the land since they merely passed through it in going to the highway. (B) Sic utere tuo ut alienum non laedas. Thus. he merely tolerated his neighbors’ use of it for passage. . The complaint did not allege that Janice exerted earnest efforts to come to a compromise with the defendants and that such efforts failed. This principle is known as (A) Jus vindicandi. since Laura is a stranger to the sisters. Janice has no moral obligation to settle with her. residents of the subdivision have become owners by acquisitive prescription. (C) Jus dispondendi.

are required to exert earnest efforts to settle their disputes before coming to court. the owner of the collateral. since X. did not give his consent to Y’s offer to pay. is known as (A) accion publiciana. has an interest in the payment of the obligation. secured by a mortgage on the land of Y. as parties to the suit. (87) When does the regime of conjugal partnership of gains begin to exist? (A) At the moment the parties take and declare each other as husband and wife before officiating officer. (C) No. Is the bank’s action correct? (A) Yes. the family council. (86) The right of a mortgagor in a judicial foreclosure to redeem the mortgaged property after his default in the performance of the conditions of the mortgage but before the sale of the mortgaged property or confirmation of the sale by the court. (D) No. (D) Yes. his close friend. which would ordinarily mediate the dispute. (85) X borrowed money from a bank. since members of the same family. the true borrower. (B) No. since anybody can discharge X’s obligation to his benefit. . When the loan matured. (C) pacto de retro.(C) Yes. since Y. Y offered to pay the bank but it refused since Y was not the borrower. (D) right of redemption. has been eliminated under the Family Code. since it was X who has an obligation to the bank. (B) equity of redemption.

a child shall always remain illegitimate. an unmarried woman. and lived with him. Subsequently. Josie returned to her parents’ home. (C) No. (C) On the date the future spouses executed their marriage settlements because this is the starting point of their marital relationship. (B) Yes. Their relation bore them BB. since his parents were not qualified to marry each other when he was conceived. Was BB legitimated by that marriage? (A) Yes. (D) On the date agreed upon by the future spouses in their marriage settlements since their agreement is the law between them. since his parents are now lawfully married. cohabited with Y. (C) Josie herself. (88) Josie. since he is an innocent party and the marriage rectified the wrong done him. since once illegitimate. (D) The State. (89) X. and expressed a desire to have her marriage with him annulled. 18. . after X became a widower. married Dante. without her parents’ knowledge and consent. (D) No. 25. a married man. a baby boy.(B) At the time the spouses acquire properties through joint efforts. After a year. complained of the unbearable battering she was getting from Dante. he married Y. Who may bring the action? (A) Dante. (B) Her parents.

5 million X owed Y. X still owed Y P500. unlike the case of legally married spouses. (C) Voidable. that of testator-legatee. (D) Yes. because the designation of Y as legatee created a new and separate juridical relationship between them.000. (92) X owed Y P1. After the set off. X gave Y legacy of P1 million but the will provided that this legacy is to be set off against the P1. Can Y still collect this amount? (A) Yes. . (C) Yes. (B) It depends upon the discretion of the probate court if a claim is filed in the testate proceedings. (D) Void. (91) Can common-law spouses donate properties of substantial value to one another? (A) No.5 million. they cannot give anything of value to each other to prevent placing their legitimate relatives at a disadvantage. such donations are not prohibited. In his will. (B) No. as long as they leave sufficient property for themselves and for their dependents. they are only allowed to give moderate gifts to each other during family rejoicing. (B) Unenforceable.(90) The presence of a vice of consent vitiates the consent of a party in a contract and this renders the contract (A) Rescissible.

but she is to reimburse conjugal partnership expenses. because the intention of the testator in giving the legacy is to abrogate his entire obligation to Y. however. their conjugal partnership spent P3 million for the construction of a house on the lot. (C) Josie still owns the lot. (D) No. within 10 years from the registration of the deed or the date of the issuance of the certificate of title of the property as long as the trust had not been repudiated. . with Josie entitled to reimbursement for the value of the lot. it being her exclusive property. The action prescribes. (D) The house and lot shall both belong to the conjugal partnership. because X had no instruction in his will to deliver more than the legacy of P1 million to Y. What is the exception to this 10-year prescriptive period? (A) When the plaintiff had no notice of the deed or the issuance of the certificate of title. Subsequently.(C) No. The construction resulted in an increase in the value of the house and lot to P9 million. (B) Josie will own both since the value of the house and the increase in the property’s value is less than her lot’s value. (94) An action for reconveyance of a registered piece of land may be brought against the owner appearing on the title based on a claim that the latter merely holds such title in trust for the plaintiff. (93) Josie owned a lot worth P5 million prior to her marriage to Rey. Who owns the house and the lot? (A) Josie and the conjugal partnership of gains will own both on a 50-50 basis. but the house belongs to the conjugal partnership.

After the couple has been in cohabitation for 6 years. both 20 years old. (C) When fortuitous circumstances prevented the plaintiff from filing the case sooner. the Notary Public notarized the will in his law office where all signatories to the will acknowledged that the testator signed the will in the presence of the witnesses and that the latter themselves signed the will in the presence of the testator and of one another. (D) When the plaintiff is in possession of the property. the couple being below 21 years of age when they married. (96) Pepito executed a will that he and 3 attesting witnesses signed following the formalities of law. Two days later. . their cohabitation also convalidated the marriage. Was the will validly notarized? (A) No. (D) Yes. Linda’s parents filed an action to annul the marriage on ground of lack of parental consent. since only the couple can question the validity of their marriage after they became 21 of age. They married without their parents’ knowledge before an unsuspecting judge. since Linda’s parents made no allegations that earnest efforts have been made to come to a compromise with Conrad and Linda and which efforts failed. (B) No. since it was not notarized on the occasion when the signatories affixed their signatures on the will.(B) When the title holder concealed the matter from the plaintiff. since Linda’s parents never gave their consent to the marriage. except that the Notary Public failed to come. Will the case prosper? (A) No. applied for a marriage license. (C) Yes. (95) Conrad and Linda. since the marriage is voidable. making it appear that they were over 25.

each earned incomes from their respective professions and enterprises. she inherited P5 million from her deceased mother which amount she brought into the marriage. What is the nature of their incomes? (A) Conjugal since they earned the same while living as husband and wife. but the defect in the mere notarization of the will is not fatal to its execution. since the notary public did not require the signatories to sign their respective attestations again. (D) No. Hardworking and bright. (D) Such action does not prescribe. (C) Yes. (98) What is the prescriptive period for filing an action for revocation of a donation based on acts of ingratitude of the donee? (A) 5 years from the perfection of the donation. (C) 4 years from the perfection of the donation. since the Notary Public has to be present only when the signatories acknowledged the acts required of them in relation to the will. (B) 1 year from the perfection of the donation. (B) Separate since their property relations with their legal spouses are still subsisting. (99) Before Karen married Karl. (C) Co-ownership since they agreed to work for their mutual benefit. She later used part of the money to . (97) Venecio and Ester lived as common-law spouses since both have been married to other persons from whom they had been separated in fact for several years.(B) Yes. (D) Communal since they earned the same as common-law spouses.

b) Juridical capacity is lost only through death. since the mother believed in her heart that she lost a child. P1 million for the death of a family member. since the foetus is already regarded as a child from conception. since birth determines personality. (D) Yes. Y sued X for. (D) It is Karen’s exclusive property since she bought it with her own money. (B) It is Karen’s exclusive property since it is in her name. (B) No. Is the car a conjugal or Karen’s exclusive property? (A) It is conjugal property since the spouses use it as a family car. and therefore it is not acquired. (100) Because of X’s gross negligence. Y suffered injuries that resulted in the abortion of the foetus she carried. Is Y entitled to indemnity for the death of the foetus she carried? (A) a new Mercedes Benz in her name. (C) No. CIVIL LAW_2012 1. since X’s would not have known that the accident would result in Y’s abortion. which Karen and her husband used as a family car. among other damages. . though unborn. the accident did not result in the death of a person. (C) It is conjugal property having been bought during the marriage. Which of the following is NOT included in the attributes of juridical capacity? a) Juridical capacity is inherent in every natural person.

c) Juridical capacity is the fitness to be the subject of legal relations. The attestation clause of the said will does not contain Buko’s signature. Atty. 2. The capacity of an heir to succeed shall be governed by the: a) national law of the decedent’s heirs b) law of the country where the decedent was a resident at the time of his death c) national law of the person who died d) law of the country where the properties of the decedent are located. 5. d) Juridical capacity cannot exist without capacity to act. a Filipino. executed a will while he was in Spain. a) Cause of action b) Foreign element c) Jurisdiction d) Forum non conveniens 4. At its probate in Manila. This attribute or incident of a case determine whether it is a conflict-of-laws case or one covered by domestic law. It is valid under Spanish law. BUKO. it is being opposed on the ground that the attestation . Which of the following is NOT a restriction on one’s capacity to act? a) Minority b) Marriage c) Deaf-mute d) Civil Interdiction 3.

a Filipino.clause does not contain BUKO’s signature. except: a) when the foreign law. They plotted to kill Ramgen. Which statement is most accurate? a) The mere act of Ramon Sr.. c) No. b) when the property subject of the case is located outside of the Philippines. 6. a) Yes. judgment or contract is contrary to a sound and important public policy of the forum. attestation clause is not an act of the testator. the will is not valid under Philippine law. Ramon’s other children RJ and Ramona. d) when the foreign law is procedural in nature. the governing law is Spanish law. Ramon. Is the opposition correct? Choose the best answer. 7. is immaterial because the will is still readable. are disputing the bequest to Ramgen. c) when the foreign law or judgment is penal in nature. d) The act of tearing the will is material. a count in the Philippines may be constrained to apply Philippine law under any of the following instances. c) The tearing of the will may amount to revocation if coupled with intent of revoking it. . d) No. so he tore his will in two pieces out of anger. Even if the applicable law is a foreign law. b) Yes. Ramon learned of the plot. where he left his house and located in BP Homes Parañaque in favor of his Filipino son. executed a will in Manila. both Turkish nationals. because it is a fatal defect. Ramgen. b) The mere act of tearing the will amounts to revocation.

A French national revokes his will in Japan where he is domiciled. In case of breach. where such joint will is valid. A Japanese national and a Filipino national entered into a contract for services in Thailand. The services will be rendered in Singapore. The revocation of his will in . Pedro (Filipino) and his wife Jane (American) executed a joint will in Canada. In case the joint will is probated in Japan. what law will govern the formalities of the joint will? a) American law b) Philippine law c) Canadian law d) Japanese law 11.8. He then changed his domicile to the Philippines where he died. what law will govern? a) Thailand law b) Philippine law c) Singapore law d) Japanese law 10. what law will govern its testamentary provisions if the will is executed in China and the property being disposed is located in Indonesia? a) Chinese law b) Philippine law c) Indonesia law d) Japanese law 9. If a will is executed by a testator who was born a Filipino citizen but became naturalized Japanese citizen at the time of his death.

but Bill fails or refuses to pay. Pedro (Filipino and Bill (American) entered into a contract in Australia. whereby it was agreed that Pedro will build a commercial building for Bill in the Philippines. In case Pedro performs his obligation. and in payment for the construction. what law will govern? . 13. The will of a Filipino executed in a foreign country --a) cannot be probated in the Philippines. 14. Bill will transfer and convey his cattle ranch located in Japan in favor of Pedro.Japan is valid under Japanese law but invalid under Philippine law. What law will apply? a) Japanese law b) Philippine law c) French law d) Malaysian law 12. b) may be probated in the Philippines provided that properties in the estate are located in the Philippines. c) cannot be probated before the death of the testator. property relations of Filipino spouses shall be governed by --a) Philippines laws b) Law of the place where the spouses reside c) Law of the place where the properties are situated d) Law of the place where they were married. d) may be probated in the Philippines provided it was executed in accordance with the laws of the place where the will was executed. In the absence of contrary stipulation in a marriage settlement. The affected heir is a Malaysian national residing in the Philippines.

They had two (2) sons. Charice married Bugoy (a Filipino). What is the current status of the marriage of Charice and Justine under Philippine laws? a) Valid b) Void c) Voidable d) Dissolved 16. 15. were married in the Philippines. What id the status of the marriage between Charice and Bugoy under Philippine laws? a) Valid b) Void c) Voidable . In 1990. in Canada on January 1. where such marriage is valid. James and John (who were both born in 1992). they separated and Justine went to Las Vegas where he obtained a divorce in the same year. He then married another Filipina.a) American law b) Philippine law c) Australian law d) Japanese law (Facts for item numbers 15-18) In 1989. by whom she had a daughter. Charice (Filipina) and Justine (American). In 2009. Regine. Lea. after failing to hear from Justine. 1992. In 1993. Regine married James (son of Justine with Lea) in California.

As a consequence of the threat. a) Yes. Ricky married Princess. . Marforth. b) Yes. threatened Ricky with the filing of a complaint for immorality in the Supreme Court. thus preventing him from taking examinations unless he marries Princess. because without the threat. Ricky would not have married Princess.d) Unenforceable 17. Knowing that Ricky is preparing for the examinations. Can the marriage be annulled on the ground of intimidation under Article 45 of the Family Code? Choose the best answer. c) No. Princess became pregnant. because the threat made by Marforth is just and legal. because the threat to enforce the claim of Princess vitiates the consent of Ricky in contracting the marriage. What is the status of the marriage between Charice and Bugoy under Philippine laws? a) Valid b) Void c) Voidable d) Unenforceable 18. Ricky and Princess were sweethearts. a lawyer and cousin of Princess. What is the status of the marriage between Regine and James under Philippine laws? a) Valid b) Void c) Voidable d) Unenforceable 19.

because Marforth is not a party to the contract of marriage between Princess and Ricky. d) The land is paraphernal because it was Audrey who purchased the same. d) The donation is valid. c) The donation is voidable and may be anulled. single. They executed a marriage settlement whereby they agreed that their properties shall be governed by the regime of conjugal partnership of gains. subsequent installments were paid from the conjugal partnership funds. Agay. 21.000 to Hubert orally and delivered the unit to Hubert who accepted. b) The donation is void but Ernesto cannot get the mobile phone back. Audrey got married to Arnel. Is the land conjugal or paraphernal? a) The land is conjugal because the installments were paid from the conjugal partnership funds. got married in the consular office of the Philippines in Australia. 22. Which statement is most accurate? a) The donation is void and Ernesto may get mobile phone back. One (1) year after the execution of the contract. an Australian citizen. bought a parcel of land in Malolos City from Franco for P 1Million. provided that such marriage is celebrated in accordance with the laws of such consular official. although payable in monthly installments for a period of four (4) years. c) The land is both conjugal and paraphernal funds of installments were paid from both the personal funds of Audrey and the conjugal partnership funds. Thereafter. Under Philippine . a marriage solemnized by a consular official is valid. According to the laws of Australia.d) No. a Filipino citizen and Topacio. b) The land is paraphernal because ownership thereof was acquired before the marriage. A contract was executed between them which already vested upon Audrey full ownership of the property. 20. Audrey. Ernesto donated a mobile phone worth P 32.

such consular official has authority to celebrate the marriage. what is the status of the marriage of Agay and Topacio? Choose the best answer. c) Upon order of the court. because according to the laws of Australia. d) If one spouse has abandoned the other. b) Valid. 24. c) they were living apart. because there is an irregularity in the authority of the consular official to solemnize marriages. c) Voidable. A marriage is void if: . d) he is physically incapable of sexual intercourse. b) If one of the spouses has given ground for legal separation. 23. a) Void. The husband may impugn the legitimacy of his child but not on the ground that: a) the wife is suspected of infidelity. d) because the consular official only has authority to solemnize marriages between Filipinos. b) the husband had a serious illness that prevented him from engaging in sexual intercourse. Separation of property between spouses during the marriage may take place only: a) by agreement of the spouses. 25. because such marriage is recognized as valid in the place where it was celebrated.

a) solemnized with a marriage license issued without complying with the required 10-day posting. c) One half shall belong to the husband as finder and the other half shall belong to the wife as owner of the property. . b) Between step-parents and step children. b) The half pertaining to the wife (as owner) belongs to the conjugal partnership. 27. d) none of the above 26. d) a and b 28. which is not correct? a) The aggrieved spouse may file the action within five (5) years from the time of the occurrence of the cause. d) The prosecuting attorney has to conduct his own investigation. Who owns the discovered treasure? a) The half pertaining to the husband (finder) belongs to the conjugal partnership. c) between parties both 23 years of age but without parental advice. Which of the following marriages is void for reasons of public policy? a) Between brothers and sisters. b) No trial shall be held without the 6-month cooling off period being observed. b) solemnized by a minister whom the parties believe to have the authority. whether of the full or half blood. In legal separation. c) The spouses will be entitled to live separately upon the start of the trial. A husband by chance discovered hidden treasure on the paraphernal property of his wife.

d) Concealment by the wife or the husband of the fact of sexual relations prior to the marriage. Which of the following is not a requisite for a valid donation propter nuptias? a) The donation must be made before the celebration of the marriage. b) Children born under a valid marriage. c) Children conceived and born outside a valid marriage. existing at the time of the marriage. homosexuality or lesbianism existing at the time of marriage. b) The donation shall be automatically revoked in case of non-celebration of the marriage. which was later declared void because of the psychological incapacity of either or both of the spouses. d) The donation must be made in favor of one or both of the future spouses. regardless of its nature. Who are illegitimate children? a) Children conceived or born outside a valid marriage. b) Concealment of a sexually-transmissible disease. habitual alcoholism.c) Between parents-in-law and children-in-law. The following constitute the different circumstances or case of fraud which will serves as ground for the annulment of a marriage. 30. except? a) Non-disclosure of the previous conviction by final judgment of the other party of a crime involving moral turpitude. d) b and c 29. c) The donation must be made in consideration of the marriage. c) Concealment of drug addiction. . 31.

c) Private handwritten instrument is made by the father acknowledging his filiation. an adopter is required to be at least ____ years old and ____ years older than the child to be adopted at the time of the application unless the adopter is the parent by nature of the child. Under RA 8043. 32.d) Children born under a valid marriage. but the parents later obtained a legal separation. d) Affidavit by the mother stating the name of his true father. a child qualified to be adopted is any person below _____ years old. a) 30 and 15 b) 27 and 16 c) 50 and 10 d) 18 and 15 34. An illegitimate child may use the surname of his father when his filiation is established in any of the following instances. a) 18 b) 21 c) 15 d) 16 . except: a) Filiation has been recognized by the father through the record of birth appearing in the civil register b) Admission of filiation by the father in a public document. 33. Under RA 8043.

d) Conviction of the parents of a crime which carries with it the penalty of civil interdiction. d) Subjects the child or allows him to be subjected to acts of lasciviousness. counsel or example. . gathering and preservation of the fruits. c) The possessor in bad faith is not entitled to a refund of ornamental expenses. may suspend parental authority if the parent or the person exercising parental authority commits any of the following acts. b) Gives the child corrupting orders. 37. b) The possessor in bad faith has right of reimbursement for necessary expenses and those for the production. c) Emancipation of the child. The court. c) Compels the child to take up a course in college against his/her will. d) The possessor in bad faith is entitled to a refund of useful expenses. Which of the following DOES NOT result in permanent termination of parental authority? a) Death of the parents. b) Death of the child. except: a) Treats the child with excessive harshness or cruelty. in an action filed for the purpose. 36. Which of the following statements is wrong? a) The possessor in bad faith shall reimburse the fruits received and those which the legitimate possessor could have received.35.

and without allegation of proof of title. The following are the limitations on the right of ownership imposed by the owner himself. upon mere allegation and proof of a better right thereto. 39.38. This action can only be brought after the expiration of one (1) year. d) but he may remove the objects for which such expenses have been incurred. unless he pays the value they may have at the time he entered into possession. Which phrase most accurately completes the statement – The expenses incurred in improvements for the luxury or mere pleasure shall not be refunded to thew possessor in bad faith: a) but he may remove the objects for which such expenses have been incurred. except: a) Will/Succession b) Mortgage c) Pledge d) Lease 40. provided that the thing suffers no injury thereby. and that the lawful possessor does not prefer to retain them. b) and he may not remove the objects for which such expenses have been incurred. c) and he may not remove the objects for which such expenses have been incurred. What action is being referred to? a) Accion publiciana b) Accion reinvindicatoria c) Accion interdictal . A plenary action for the recovery of the possession of real estate.

b) vehicles and weapons of the Armed Forces of the Philippines. the object is the recovery of the dominion over the property as owner. when no longer intended for public use or for public service. 44.d) Quieting of Title 41. shall become property of public dominion. The following things are property of public dominion. d) lands reclaimed by the state from the sea. What action is being referred to? a) Accion publiciana b) Accion reinvindicatoria c) Accion interdictal d) Quieting of Title 42. Here. A summary action to recover physical or material possession only and must be brought within one (1) year from the time the cause of action arises. Action to recover real property based on ownership. . except: a) ports and bridges constructed by the State. What action is being referred to? a) Accion publiciana b) Accion reinvindicatoria c) Accion interdictal d) Quieting of Title 43. Which of the following statements is wrong? a) patrimonial property of the state. c) rivers.

b) all property of the State. except: a) Creditors of the deceased b) Devisees or legatees c) Compulsory heirs of the donor d) The surviving spouse of the donee. The following are the elements of an obligation. c) The property of provinces. which is not of public dominion. c) the donor knows of the donee’s acceptance even if the latter has not received the copy of the deed of donation. 46. d) the donee confirms that the donor has learned the former’s acceptance. The following cannot ask for the reduction of inofficious donation. is patrimonial property. . except: a) Juridical/Legal Tie b) Active subject c) Passive subject d) Consideration 48. 45. 47. or not doing something. cities and municipalities is divided into property for public use and patrimonial property. b) the donor executes the deed of donation. Donation is perfected from the moment --a) the donee accepts the donation. It is a conduct that may consist of giving. doing. d) Property is either of public dominion or of private ownership.

except: a) Act or omission b) Fault/negligence c) Damage/injury d) Pre-existing contract 51.a) Obligation b) Juridical necessity c) Prestation d) Contract 49. voluntary and unilateral acts based on the principle that no one should unjustly enrich himself at the expense of another. It is a juridical relation arising from lawful. The following are the elements of quasi-delict. a) Quasi-contract b) Quasi-delict c) Cotract d) Delict 50. except: a) default (mora) b) mistake c) negligence (culpa) d) breach through contravention of the tenor thereof . A debtor is liable for damages in case of delay if he is guilty of any of the following.

due. b) Obligation was performed on its maturity date. except: a) Cause is independent of the will of the debtor. c) There is judicial or extrajudicial demand by the creditor. It is an international evasion of the faithful performance of the obligation. b) The event is unforeseeable/unavoidable.52. 54. a) Mora accipiendi b) Mora solvendi c) Compensation morae d) Solution indibiti 53. demandable. d) Failure of the debtor to comply with such demand. The following are the requisites of mora solvendi. and liquidated. . The following are the requisites of fortuitous event. This term refers to a delay on the part of both the debtor and creditor in reciprocal obligations. except: a) Obligation pertains to the debtor and is determinate. a) Negligence b) Fraud c) Delay d) Mistake 55.

has promised the same thing to two or more persons who do not have the same interest. what is his right as against his codebtors? a) Buko cas ask for reimbursement from Fermin and Toti.000. c) Buko can sue for rescission. c) The thing to be delivered is generic. Buko.00. b) The debtor contributed to the loss. d) The creditor is guilty of fraud.00. d) Debtor contributed to the aggravation of the injury to the creditor. 57. except: a) The debtor is guilty of dolo. because Fermin and Toti should have been impleaded as their obligation is solidary. d) Buko can claim a refund from Ayee. Will the motion to dismiss prosper? Why? a) Yes. malice or bad faith. When the obligation became due and demandable. 56. impossibility must be absolute not partial.00.000. b) Buko can sue Fermin and Toti for damages. Ayee sued Buko for the payment of the P 10. negligence or delay or if he contravened the tenor of the obligation. . otherwise not force majeure.c) Occurrence renders it absolutely impossible for the debtor to fulfill his obligation in a normal manner. A debtor may still be held liable for loss or damages even if it was caused by a fortuitous event in any of the following instances. Fermin and Toti bound themselves solidarily to pay Ayee the amount of P 5. Buko. Suppose Buko paid the obligation. 58. Buko moved to dismiss on the ground that there was failure to implead Fermin and Toti who are indispensable parties.000. Fermin and Toti bound themselves solidarily to pay Ayee the sum of P 10.

Twelve (12) years after the obligation became due and demandable. if any. however.00 which has fallen due. The creditor has. Has Dina paid the obligation? Why? a) No. Fermin and Toti are solidarily debtors of Ayee. Dina bought a car from Jai and delivered a check in payment of the same. because the obligation is solidary.00 b) P 300. b) Yes. Buko paid Ayee and later on asked for reimbursement of Fermin’s and Toti’s shares. d) Yes. may Buko be compelled to pay? a) P 200. c) No. because in solidary obligation any one of the solidary debtors can pay the entire debt. not yet.000. because a motion to dismiss is a prohibited pleading. 60. Buko. or bills of exchange or other mercantile documents shall produce the effect of payment . d) Yes. The delivery of promissory notes payable to order. Fermin and Toti are solidary debtors under a loan obligation of P 300. Since Toti has become insolvent.000. How much. Buko. condoned Fermin’s entire share in the debt. the creditor makes a demand on Buko to pay the debt. 59.000. because the creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. because the obligation has already prescribed.b) No.000. Is Buko correct? Why? a) No. because Fermin and Toti should also pay their share of the obligation.00 c) P 100. c) No.000.00 61. because Fermin and Toti will be unduly enriched at the expense of Buko.00 d) P 150.

or if the things due are consumable. d) Yes. a) Obligatory force of contracts . Which of the following statements is correct? a) All contracts are perfected by mere consent. 62. c) All contracts are required to be in writing. and also of the same quality if the latter has been stated.only when they have been cashed. because a check is a valid legal tender of payment. d) That they be liquidated and demandable. no payment. d) All contracts are required to have a valid consideration. except: a) That each of the obligors is bound principally and that he be the same time a principal creditor of the other. b) That both debts consist in a sum of money. 64. If the check is a manager’s check or cashier’s check it will produce the effect of payment. or when through the fault of the creditor they have been impaired. c) It depends. b) All contracts are perfected by delivery of the object. The following are the requisites of legal compensation. It is a principle which holds that parties are bound not only by what has been expressly provided for in the contract but also to the natural consequences that flow out of such agreement. because a check is as good as cash. they be the same kind. 63. If it’s an ordinary check. b) Yes. c) That the two (2) debts are not yet due.

It is a principle which holds that contracts must be binding to both parties and its validity and effectivity can never be left to the will of one of the parties. a) Obligatory force of contracts b) Mutuality of contracts c) Autonomy of contracts d) Relativity of contracts 66. public order or public policy. good customs. and assignees of the parties. morals. or by stipulation or by law. It is rule which holds that the freedom of the parties to contract includes the freedom to stipulate. successors in interest. provided that the contract involved transmissible rights by their nature. a) Obligatory force of contracts b) Mutuality of contracts c) Autonomy of contracts . provided the stipulations are not contrary to law.b) Mutuality of contracts c) Autonomy of contracts d) Relativity of contracts 65. a) Obligatory force of contracts b) Mutuality of contracts c) Autonomy of contracts d) Relativity of contracts 67. It refers to the rule that a contract is binding not only between parties but extends to the heirs.

except: a) Death. b) Acceptance of the offer by the offeree. b) By the general principles of quasi-contracts and delicts c) By the rules governing the most analogous nominate contracts. The following are solemn contracts (Contracts which must appear in writing). d) By the customs of the place. An offer becomes ineffective on any of the following grounds. 70. 71. except: a) By the stipulation of the parties. d) Subject matter becomes illegal/impossible before acceptance is communicated. unless it appears otherwise. 69. except: . which becomes counter-offer.d) Relativity of contracts 68. c) Business advertisements are definite offers that require specific acceptance. insanity/insolvency of either party before acceptance is conveyed. The following are the ways by which innominate contracts are regulated. Which of the following statements is correct? a) Offers in interrelated contracts are perfected upon consent. civil interdiction. b) Offers in interrelated contracts require a single acceptance. c) Qualified/conditional acceptance of the offer. d) Advertisements for Bidders are only invitations to make proposals and the advertiser is not bound to accept the highest/lowest bidder.

74. except: a) There must be credited existing prior to the celebration of the contract.a) Donations of real estate or of movables if the value exceeds P 5. if absentee suffers lesion by more than ¼ of value of property. The following are the characteristics of a voidable contract. b) There must be fraud. The following are the requisites before a contract entered into in fraud of creditors may be rescinded. 73.00. the intent to commit fraud to the prejudice of the creditor seeking rescission. The following are rescissible contracts. d) Contracts entered into by minors. d) Construction contract of a building. c) Sale of land through an agent (authority must be in writing). b) Stipulation to pay interest in loans. except: a) Entered into by guardian whenever ward suffers damage more than ¼ of value of property. c) The creditor cannot in any legal manner collect his credit (subsidiary character of rescission) d) The object of the contract must be legally in the possession of a 3rd person in good faith. except: a) Effective until set aside. . or at least. c) Contracts where fraud is committed on creditor (accion pauliana). 72. b) May be assailed/attacked only in an action for that purpose. b) Agreed upon in representation of absentees.000.

c) If the amount borrowed is very large. . The following are void contracts. 75. The creditor has the right to the fruits of the thing from the time: a) the thing is delivered. 78. The liability of the school. a) If there is an agreement in writing to the effect. 77. or the individual. The borrower in a contract of loan or mutuum must pay interest to the lender. its administrators and teachers. b) As a matter of course. instruction or custody shall be: a) Joint and subsidiary b) Principal and solidary c) Principal and joint d) Subsidiary and solidary. d) If the lender so demands at the maturity date. except: a) Pactum commissorium b) Pactum de non alienando c) Pactum leonina d) Pacto de retro 76. entity or institution engaged in child care over the minor child or damage caused by the acts or omissions of the unemancipated minor while under their supervision. d) Can be assailed only by either party.c) Can be confirmed or ratified.

the contract is: a) voidable b) rescissible c) void d) unenforceable 80. the contract is: a) voidable b) rescissible c) void d) unenforceable 82. An obligation which is based on equity and natural law is known as: a) pure . d) the fruits are delivered. 79. When the consent of one of the parties was vitiated. c) the contract is perfected. If one of the parties to the contract is without juridical capacity. When both parties to the contract are minors. the contract is: a) voidable b) rescissible c) void d) unenforceable 81.b) the obligation to deliver the things arises.

Lacas is --a) void because of the absence of consent from the owner. Buko and Mr. d) rescissible because the contract caused lesion to Atty. d) A relatively simulated contract. Lacas to Atty. The contract between Atty. without the authority of Pascual Lacas. Buko. Consent was given by one in representation of another but without authority. Lacas.500. owner of a car. Lacas. the owner. 85. sold the same car in the name of Mr. Mr.b) quasi-contract c) civil d) natural 83. b) A sale of land by an agent in a public instrument where his authority from the principal is oral. Buko. b) valid because all of the essential requisites of a contract are present. c) unenforceable because Michael Fermin had no authority but he sold the car in the name of Mr. Michael Fermin. Which of the following contracts is void? a) An oral sale of a parcel of land. . c) A donation of a wrist watch worth P 4. The contract is: a) voidable b) rescissible c) void d) unenforceable 84.00.

if the claim is legal or just. the latter may not successfully sue Aligada because the contract is oral. Which of the following expresses a correct principle of law? Choose the best answer. Aligada orally offered to sell his two-hectare rice land to Balane for P 10Million. b) If Aligada refused to deliver the land. does not vitiate consent. c) The contract between the parties is rescissible. Which statement is most accurate? a) If Aligada refuses to deliver the land on the agreed date despite payment by Balane. 88. 87. d) The contract between the parties is subject to ratification by the parties. The offer was orally accepted. their assign and heirs. Which of the following statements is wrong? a) Creditors are protected in cases of contracts intended to defraud them. b) Violence or intimidation does not render a contract annullable if employed not by a contracting party but by a third person. c) A threat to enforce one’s claim through competent authority. By agreement. . except in case where the rights and obligations arising from the contract are not transmissible by their nature. the land was to be delivered (through execution of a notarized Deed of Sale) and the price was to be paid exactly onemonth from their oral agreement. or by stipulation or by provision of law. a) Failure to disclose facts when there is a duty to reveal them.86. d) Absolute simulation of a contract always results in a void contract. b) Contracts take effect only between the parties. does not constitute fraud. Balane may successfully sue for fulfillment of the obligation even if he has not tendered payment of the purchase price.

Which phrase most accurately completes the statement – Any third person who induces another to violate his contract: a) shall be liable for damages only if he is a party to the same contract. except: a) Death of decedent b) Transmissible estate c) Existence and capacity of successor. b) shall be liable for damages to the other contracting party. except: . 92. except: a) It is a legal contract. he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. b) Only property. designated by decedent or law d) Payment of Taxes 91.c) If a contract should contain some stipulation in favor of a third person. The characteristics of succession are as follows. d) The transmission takes place either by will or by operation of law. third persons who come into possession of the object of the contract are not bound thereby. rights and obligations to the extent of the value of the inheritance are transmitted. 89. The requisites of succession are as follows. The following rights are extinguished by death. d) In contracts creating real rights. c) shall not be liable for damages to the other contracting party. 90. c) The transmission takes place only at the time of death. d) shall not be liable for damages if the parties are in pari delicto.

94. b) that the testator signed or caused another to sign the will and every page thereof in the presence of the instrumental witnesses. . d) the instrumental witnesses witnessed and signed the will and all the pages thereof in the presence of the testator and one another. The attestation clause contains the following. or influence of fear or threats. c) Signed by testator himself d) Notarized by a notary public. b) The testator was insane or mentally incapable of making will. except: a) the number of pages used. c) notary public. except: a) Entirely written. b) Dated.a) Legal support b) Parental authority c) Right to inherit d) Agency 93. The following are the grounds for disallowance of wills. except: a) The formalities required by law have not been complied with. 95. c) The will was executed through force or under duress. The following are the formalities required in the execution of holographic will.

Any disposition made upon the condition that the heir shall make some provision in his will in favor of the testator or of any other person shall be void. both the condition and the disposition are void. b) the contract shall be without any effect. Which phrase most accurately completes the statement – If at the time the contract of sale is perfected. Here. c) the seller bears the risk of loss. What principle is being referred to? a) reserva troncal b) preterition c) fideicommissary d) disposicion captatoria 97. It is the omission in the testator’s will of one. whether living at the time of execution of the will or born after the death of the testator. . some or all of the compulsory heirs in direct line. the thing which is the object of the contract has been entirely lost: a) the buyer bears the risk of loss. What principle is being referred to? a) reserva troncal b) preterition c) fideicommissary d) disposicion captatoria 98. 96.d) The will contains an attestation clause. d) the buyer may withdraw from the contract.

a person stranger to EGM. allegedly in a loud voice. whose authority is not reduced into writing. at a fixed price. Which of the following contracts of sale is void? a) Sale of EGM’s car by KRP. to leave as he was not in the guest list. EGM’s agent.99. What contract is being referred to? a) Option Contract b) Contract to Sell c) Contract of Sale d) Lease 100. which gives him the right to buy certain merchandise or specified property. from another person. without EGM’s consent or authority. without EGM’s consent or authority. for which he has paid a consideration. at anytime within the agreed period. At the reception. EGM’s agent. whose authority is not reduced into writing. Roberto alleged that he was then invited by his friend to join her at the wedding reception and carried the basket full of fruits which she was bringing to the affair. b) Sale of EGM’s piece of land by KRP. CIVIL LAW_2012_2 I a) Roberto was in Nikko Hotel when he bumped into a friend who was then on her way to a wedding reception being held in said hotel. a person stranger to EGM. c) Sale of EGM’s car by KRP. A contract granting a privilege to a person. the wedding coordinator of the hotel noticed him and asked him. He retorted that he had been invited to the . d) Sale of EGM’s piece of land by KRP.

(5%) b) Ricky donated P 1 Million to the unborn child of his pregnant girlfriend. Deeply embarrassed by the incident. Roberto then sued the hotel for damages under Articles 19 and 21 of the Civil Code. (5%) II a) Liwayway Vinzons-Chato was then the Commissioner of Internal Revenue while Fortune Tobacco Corporation is an entity engaged in the manufacture of different brands of cigarettes. Is she correct? Explain. Fortune filed a complaint against Vinzons-Chato to recover damages for the alleged violation of its constitutional rights arising from Vinzons-Chato’s issuance of Revenue Memorandum Circular No. Will Roberto’s action prosper? Explain. After six (6) months of pregnancy. Is the building conjugal or paraphernal? Reasons.affair by his friend. Angela died 20 hours after birth. but the psychologist was not able to personally examine the respondent and the psychological report was based only on the narration of petitioner. who however denied doing so. 37-934 (which re-classified Fortune cigarettes as locally manufactured with foreign brands and thereby imposed higher taxes). which she accepted." "Hope. Is Ricky entitled to recover? Explain. she constructed a building on a lot which she inherited from her father. among which are "Champion." and "More" cigarettes. which the Supreme Court later declared invalid. Ricky sought to recover the P 1 Million. wife of Pedro. (5%) . (5%) b) The petitioner filed a petition for declaration of nullity of marriage based allegedly on the psychological incapacity of the respondent. Vinzons-Chato filed a Motion to Dismiss arguing that she cannot be held liable for damages for acts she performed while in the discharge of her duties as BIR Commissioner. With this money. (5%) III a) Maria. Should the annulment be granted? Explain. withdrew P 5 Million from their conjugal funds. the fetus was born and baptized as Angela. However.

she obtained American citizenship. Nikki discovered that Christian was having an affair with another woman. He then filed a petition for authority to remarry." which is his surname. (5%) b) Honorato filed a petition to adopt his minor illegitimate child Stephanie. 8552 to those individuals who simulated the birth of a child. After two (2) years. 2.A. that Stephanie has been using her mother’s middle name and surname. then 25 years old and Michael. Cipriano later learned all about this including the fact that Lady Miros has divorced him in America and that she had remarried there. and that he is now a widower and qualified to be her adopting parent. Both Michelle and Michael gave consent to the adoption. (5%) IV a) After they got married. But Nikki decided to give it a try and lived with him for two (2) years. Lim and Michael Jude Lim. He prayed that Stephanie’s middle name be changed from "Astorga" to "Garcia. Subsequently." which is her mother’s surname and that her surname "Garcia" be changed to "Catindig. Monina married Angel Olario after Primo’s death. She decided to adopt the children by availing the amnesty given under R. childless. Nikki filed an action for legal separation on the ground of Christian’s sexual infidelity. Art. Was the trial court correct in denying Hororato’s request for Stephanie’s use of her mother’s surname as her middle name? Explain. Lady Miros then left for the US and there. . This the trial court denied. the parents of whom were unknown. Eager of having children of their own. invoking Par. (5%) V a) Spouses Primo and Monina Lim. alleging that Stephanie’s mother is Gemma Astorga Garcia. 18. Will the action prosper? Explain. 26 of the Family Code. She filed separate petitions for the adoption of Michelle.b) Cipriano and Lady Miros married each other. the spouses made it appear that they were the children’s parents by naming them Michelle P. were entrusted with the custody of two (2) minor children. Is Cipriano capacitated to re-marry by virtue of the divorce decree obtained by his Filipino spouse who was later naturalized as an American citizen? Explain.

In the Contracts to Sell. The total amount Villanueva paid accumulated to P 1. Siga-an demanded interest which was paid by Villanueva in cash and checks. Villanueva demanded for the return of the excess amount of P 660. 000. he sold his rights and interests in the Agro-Macro properties to Borromeo.00. 000. (5%) VI a) Siga-an granted a loan to Villanueva in the amount of P 540. it was refused because Jambrich was an alien and could not acquire alienable lands of the public domain. 000. for the adoptees are already emancipated. She required them to surrender TCT of their properties and to execute the corresponding Deeds of Sale in her favor. he was required to execute a Deed of Sale over a parcel of . To pay for his debt. After Jambrich and Descallar separated. Jambrich purchased an engine and some accessories for his boat from Borromeo. she advanced for her employees (biyaheros). Upon advice of her lawyer. Domeng Bandong was not required to post any security but when Eulalia discovered that he incurred shortage in cattle procurement operation. (3%) 2) Is solution indebiti applicable? Explain.00. In order to secure the financial capital. (2%) b) Eulalia was engaged in the business of buying and selling large cattle. Monina.The trial court dismissed the petition and ruled that Monina should have filed the petition jointly with her new husband. an Austrian. Such agreement was not reduced to writing. 200. in a Motion for Reconsideration argues that mere consent of her husband would suffice and that joint adoption is not needed.00 which was ignored by Siga-an. Jambrich and Descallar were referred to as the buyers. When the Deed of Absolute Sale was presented for registration before the Register of Deeds. fell in-love and lived together with Descallar and bought their houses and lots at Agro-Macro Subdivision. 1) Is the payment of interest valid? Explain. Who is the rightful owner of the properties? Explain. Borromeo discovered that titles to the three (3) lots have been transfereed in the name of Descallar. Is the trial court correct in dismissing the petitions for adoption? Explain. (5%) b) Jambrich.

(5%) b) John Sagun and Maria Carla Camua. (1%) . acquired Philippine citizenship by naturalization after their marriage. She sold the property to her grandneice Jocelyn who thereafter instituted an action for ejectment against the Spouses Bandong. Whose claim should be granted? Explain. Jorge. 000. 1) Should the will be admitted to probate? Explain. John and Maria died tragically in the London subway terrorist attack in 2005. (2%) 2) Are the testamentary dispositions valid? Explain. but without authentication by Natividad’s signature. the couple acquired substantial landholdings in London and in Makati. named Rosa as her sole heir. as first written. (2%) 3) Is the testamentary prohibition against the division of the London estate valid? Explain. Jorge and Luisito filed a petition for probate of their parents’ will before a Makati Regional Trial Court. Was the Deed of Sale between Domeng and Eulalia a contract of sale or an equitable mortgage? Explain.00 while employed as "biyahero" by Eulalia. the entire estate would go to Jorge and Luisito only but the two (2) could not dispose of nor divide the London estate as long as they live. Luisito. However. when Gregorio presented it for probate. naming Gregorio. which had only one (1) substantial provision. instead of Rosa. as sole heir. (5%) VII a) Natividad’s holographic in favor of Eulalia. and Joshur. Joshur vehemently objected because he was preterited. the couple executed a joint will appointing each other as their heirs and providing that upon the death of the survivor between them. Maria begot three (3) children. During their marriage. She claims that the unaltered form of the will should be given effect. British citizens at birth. Spouses Bandong filed an action for annulment of sale against Eulalia and Jocelyn alleging that there was no sale intended but only equitable mortgage for the purpose of securing the shortage incurred by Domeng in the amount of P 70. it already contained an alteration. Rosa opposes the probate alleging such lack of proper authentication. To assert their right. In one of their trips to London.

they begot Arnel. HBR and RVC. a . Arlene and Arnel. his parents. Do you agree? Explain your answer. Franco had an illicit relationship with Audrey and out of which. SGO? IX a) Does the right to request for the issuance of a writ of possession over a foreclosed real property prescribe in five (5) years? (5%) b) A petition for declaration of nullity of a void marriage can only be filed by either the husband or the wife? Do you agree? Explain your answer. he executed a will which when submitted to probate was opposed by Arnel on the ground that he should be given the share of his father. and an illegitimate child. They begot Franco during their marriage. Frnaco predeceased Ricky. Do you agree? Explain your answer. (5%) b) A partner cannot demand the return of his share (contribution) during the existence of a partnership. his wife. Is the opposition of Arnel correct? Why? (5%) b) How can RJP distribute his estate by will.VIII a) Ricky and Arlene are married. (5%) X a) A contract to sell is the same as a conditional contract of sale. (5%) 2013 ESSAY QUESTIONS I. Maria claims that Neil is psychologically incapacitated to comply with the essential obligations of marriage because Neil is a drunkard. Franco. You are a Family Court judge and before you is a Petition for the Declaration of Nullity of Marriage (under Article 36 of the Family Code)filed by Maria against Neil. Before Ricky died. a womanizer. if his heirs are JCP.

On the basis of the evidence presented. The bicycle rider suffered a fractured right knee.000 exemplary damages. Maria presented three witnesses. . Dr.gambler. Dr. will you grant the petition? (8%) II. He was hospitalized and was subsequently operated on. rendering him immobile for 3 weeks and requiring physical rehabilitation for another 3 months. Maria testified on the specific instances when she found Neil drunk. and Ambrosia. her report is solely based on her interviews with Maria and the spouses' minor children. or squandering the family's resources in a casino. P1 00. Dr. Neil did not answer Maria's petition and never appeared in court.000 moral damages.traits that she never knew or saw when Neil was courting her. and a mama's boy. crossing at a fast clip from the bicycle's left. Chan concluded that Neil is suffering from Narcissistic Personality Disorder. the spouses' current household help.herself. Although summoned. Both the bicycle rider (a businessman then doing his morning exercise) and the taxi driver claimed that the other was at fault. could not brake in time and hit the bicycle's rear wheel.000 attorney's fees. P200. the bicycle crossed the intersection first but the taxicab.000 nominal damages andP50.000. To support her petition. Chan testified on the psychological report on Neil that she prepared. Elsie Chan.P200. an ailment that she found to be already present since Neil's early adulthood and one that is grave and incurable.000 actual damages. toppling it and throwing the bicycle rider into the sidewalk 5 meters away. In his complaint for damages. Ambrosia. Since Neil never acknowledged n9r responded to her invitation for interviews. A collision occurred at an intersection involving a bicycle and a taxicab. sustained when he fell on his right side on the concrete side walk. corroborated Maria's testimony. with another woman. the rider prayed for the award of P1. Based on the police report.

000 "pulutan" money which he immediately handed to Sergio and which the latter accepted. however. Marcelo. . Marcelo. 2012 within which to raise the amount. On June 2. who was offering P800.000 and that Sergio would give Marcelo up to June30. objected when the withdrawal was communicated to him. said that they should seal their agreement through a case of Jack Daniels Black and P5. succeeded in persuading Sergio to sell it to him. Sergio learned of another buyer.Assuming the police report to be correct and as the lawyer for the bicycle rider. Roberto. who has long been interested in the property. When Roberto confirmed that he could pay in cash as soon as Sergio could get the documentation ready. (A) Does Marcelo have a cause of action against Sergio? (5%) (B) Can Sergio claim that whatever they might have agreed upon cannot be enforced because any agreement relating to the sale of real property must be supported by evidence in writing and they never reduced their agreement to writing? (3%) IV. 2012. On June 15. what evidence (documentary and testimonial) and legal arguments will you present in court to justify the damages that your client claims? (8%) III. taking the position that they have a firm and binding agreement that Sergio cannot simply walk away from because he has an option to buy that is duly supported by a duly accepted valuable consideration. Marcelo. Sergio is the registered owner of a 500-square meter land. in a light tone usual between them. 2013. hoping to just explain matters to his friend. Sergio decided to withdraw his offer to Marcelo. they agreed on the purchase price ofP600. His friend. The friends then sat down and drank the first bottle from the case of bourbon.000 in ready cash for the land.

In his own written reply. forcing Anselmo to send him a written demand to vacate. I hereby freely. and a concrete block fence. Boboy introduced renovations consisting of an additional bedroom. Boboy responded by removing the improvements and leaving the building in its original state. Pampanga. failed to vacate the property. despite an extension. at his own expense.Anselmo is the registered owner of a land and a house that his friend Boboy occupied for a nominal rental and on the condition that Boboy would vacate the property on demand. Subsequently. insisting that Boboy cannot ask for reimbursement as he is a mere lessee. Jennifer. located in San Fernando. This donation shall take effect upon my death. a covered veranda. The deed specifically provides that: "For and in consideration of he love and service Jennifer has shown and given to me. Anselmo needed the property as his residence and thus asked Boboy to vacate and turn it over to him. (4%) (B) Can Boboy be held liable for damages for removing the improvements over Anselmo's objection? (4%) V. With Anselmo's knowledge. Anselmo refused. Boboy signified that he was ready to leave but Anselmo must first reimburse him the value of the improvements he introduced on the property as he is a builder in good faith. 11550. he should be reimbursed the value of the improvements he introduced. Boboy. (A) Resolve Boboy's claim that as a builder in good faith." . Josefa executed a deed of donation covering a one-hectare rice land in favor of her daughter. voluntarily and irrevocably donate to her my one-hectare rice land covered by TCT No.

payable within one year.from the point of view of validity and enforceability .000 from Ferdie. Andres built a residential house on a lot whose only access to the national highway was a pathway crossing Brando's property. (8%) VI.if the loan and the mortgages were in public or private instruments? (6%) (B) Lito's failure to pay led to the extra-judicial foreclosure of the mortgaged real property. sold or disposed of while Josefa is still alive. Lito obtained a loan of P1. Andres demanded that part of the fence be removed to maintain his old access route to the highway (pathway A). Lito tendered a manager's check to Ferdie to redeem the property. Ferdie refused to accept payment on the ground that he wanted payment in cash: the check does not qualify as legal tender and does not include the interest payment. thereby blocking Andres' access to the national highway. Brand0 fenced off his property. and an attached notarized declaration by Josefa and Jennifer that the land will remain in Josefa's possession and cannot be alienated. Lito executed a chattel mortgage on a Toyota Avanza and a real estate mortgage on a 200-square meter piece of property. Is Ferdie's refusal justified? (4%) VII.The deed also contained Jennifer's signed acceptance. claiming that there was another available pathway (pathway B) for ingress and egress to the . To secure payment. Advise Jennifer on whether the deed is a donation inter vivos or mortis causa and explain the reasons supporting your advice. In 2005. Andres and others have been using this pathway (pathway A) since 1980. encumbered. but Brando refused. In 2006. Within a year from foreclosure.000. (A) Would it be legally significant .

and is extremely inconvenient to use.500. After the survey. the engineer concluded that pathway B is the longer route and will need improvements and repairs. is circuitous. Andres and Brando hired Damian. They spent P 1 000.000 for the house. (6%) VIII. Andres countered that pathway B has defects. Lot B has a present fair market value of P1. to survey and examine the two pathways and the surrounding areas. resolve the parties' right of way dispute. a 700-square meter land (Lot B) which is adjacent to Lot A. and the recourses and options open to them to protect their interests. a geodetic and civil engineer. advise the spouses Dela Cruz on their rights and obligations under the given circumstances. (8%) IX. In light of the engineer's findings and the circumstances of the case. To settle their dispute. The land now has a fair market value of Pl.200.000. CRC likewise sold to the spouses Rodriguez. is the shorter route but would significantly affect the use of Brando's property.highway. The spouses Dela Cruz constructed a house on Lot B. Ciriaco Realty Corporation (CRC) sold to the spouses Del a Cruz a500-square meter land (Lot A) in Paranaque.000. As their lawyer. not on Lot A that they purchased. but will not significantly affect the use of Brando's property. . Only upon the completion of their house did the spouses Dela Cruz discover that they had built on Lot B owned by the spouses Rodriguez. On the other hand. pathway A that had long been in place. relying on there presentation of the CRC sales agent that it is the property they purchased. and to determine the shortest and the least prejudicial way through the servient estates.

Desperately needing money to pay for his mounting legal fees and his other needs and despite the transfer to Atty. Manuel was born on 12 March 1940 in a 1 000-square meter property where he grew up helping his father. He has also conscientiously and continuously paid the realty taxes on the land. Richard hired Atty. Is Atty. Cruz to represent him in the proceedings. Michael died in 2000 and Manuel . Cruz's claim correct? (8%) X. Richard offered the same parcel of land for sale to the spouses Garcia.Rica petitioned for the annulment of her ten-year old marriage to Richard. He consults you for legal advice as he wants to perfect his title to the land and secure its registration in his name. Cruz who claimed he has a better right in light of the prior conveyance in his favor. but they were prevented from doing this by Atty. Cruz a parcel of land in Taguig that he recently purchased with his lotto winnings. After inspection of the land. Immediately after the sale. the spouses considered it a good investment and purchased it from Richard. . the spouses Garcia commenced the construction of a three-story building over the land. In payment for Atty. but for some reason never secured any title to the property other than a tax declaration in his name. He has held the property through the years in the concept of an owner and his stay was uncontested by others. cultivate the Michael’s only son and heir -now wants to secure and register title to the land in his own name. The transfer documents were duly signed and Atty. Michael has lived on the property since the land was opened for settlement at about the time of the Commonwealth government in 193 5. Cruz. Cruz immediately took possession by fencing off the property's entire perimeter. Richard conveyed to Atty. Cruz's acceptance and legal fees. Michael.

Dante. legitimate child of Conrad. adopted child of Edward. The following are the surviving relatives: 1. I. Danny. Felix. 3. (1) How much do Benny and Bonnie stand to inherit by right of representation? (1%) (A) P200. (4%) (B) What do you have to prove to secure Manuel's objectives and what documentation are necessary? (4%) MULTIPLE CHOICE QUESTIONS I. Benny and Bonnie.000 (C) P400. grandson of Floro. and half-blood brothers. Armand died intestate. Cesar.000 (D) P150. all predeceased him. illegitimate child of Danny.000 . The net value of Armand's estate is Pl.000 (B) P300. Edward and Floro. 4.(A) What are the laws that you need to consider in advising Manuel on how he can perfect his title and register the land in his name? Explain the relevance of these laws to your projected course of action.000. Bobby and Conrad. 2. His full-blood brothers. legitimate children of Bobby. and 5. Ernie.200.

000. (E) None of the above. (E) None of the above. I. (D) P400. (C) P150. .000. (C) P300. (1%) (A) P 0. (D) P0.(E) None of the above. I. (2) How much is Dante's share in the net estate? (1%) (A) P150.000. I.000. (B) P400. (D) P200.000. (3) How much is Ernie's share in the net estate . (C) P300.000. (B) P200.000. (B) P150.000. (E) None of the above. (4) How much is Felix's share in the net estate? (1%) (A) P400.000.000.

Basilio cannot compel Cacho to pay because as guarantor.000 from Basilio payable on March25. as the release of the share of one debtor would then increase the burden of the other debtors without their consent. B. The Civil Code recognizes remission as a mode of extinguishing an obligation. Basilio cannot compel Cacho to pay because Basilio has not exhausted the available remedies against Amador. III. allowing only the least transmission of rights. This clearly applies to D.000. 2012. Cacho can invoke the principle of excussion. A and B? (1%) (A) Yes. Remission of D's share carries with it total extinguishment of his obligation to the benefit of the solidary debtors. (B) No..e. (C) No. . (D) No. Should the share of insolvent debtor C be divided only between the two other remaining debtors. C turned out to be insolvent. all the assets of Basilio must first be exhausted. a good friend of Amador. When the obligation became due and demandable. i. (B) Yes. X released D from the payment of his share of PI 0. guaranteed and obligated himself to pay Basilio. III. A. As security for the payment of his loan. (1) If Amador fails to pay Basilio his loan on March 25. The rule is that gratuitous acts should be restrictively construed.000. 2012. in case Amador fails to pay his loan at maturity.II. C and D are the solidary debtors of X for P40. Cacho. Amador obtained a loan of P300. can Basilio compel Cacho to pay? (1%) (A) No. Amador constituted a mortgage on his residential house and lot in Basilio's favor.

It is binding upon Diego as the mortgage is embodied in a public instrument. Basilio cannot foreclose the real estate mortgage. Basilio can foreclose the real estate mortgage because real estate mortgage creates a real right that attaches to the property. Basilio can compel Cacho who bound himself to unconditionally pay in case Amador fails to pay. Is Jose's refusal justified? (1%) . Cruz asked for the return of his car. (C) No.000. Jose brought it to Mitsubishi Cubao for maintenance check up and incurred costs of P8.(C) Yes. Jose said he would return it as soon as Cruz has reimbursed him for the car maintenance and repainting costs of P 18. Soon after Cruz delivered the car. can Basilio foreclose the real estate mortgage? (1%) (A) Yes. Basilio can compel Cacho to pay because the nature of Cacho's undertaking indicates that he has bound himself solidarily with Amador. IV. who must therefore consent. To deprive the new owner of ownership and possession is unjustand inequitable. The sale confers ownership on the buyer.000. Cruz lent Jose his car until Jose finished his Bar exams. (1) After the bar exams. III. thus the benefit of excussion will not apply. (2) If Amador sells his residential house and lot to Diego. Answer the two questions below based on these common facts. Jose also had the car repainted for P10. (B) Yes. Diego. (D) No. Basilio can foreclose the real estate mortgage.000. Basilio cannot foreclose the real estate mortgage. (D) Yes. Seeing the car's peeling and faded paint. IV.

Jose is not liable to Cruz. Jose's refusal is justified. The expenses he incurred are useful for the preservation of the thing loaned. Jose must bear the consequent loss of the car. The principle of unjust enrichment warrants the reimbursement of Jose's expenses. neither Jose nor Jolie is liable. (B) No. . (B) Yes. Jose is liable to Cruz. Jose's refusal is not justified. IV. (2) During the bar exam month. (D) No. Car thieves broke into and took the car. Jose is not liable to Cruz as the loss was not due to his fault or negligence. Jose is liable to Cruz. (C) Yes. Is Jose liable to Cruz for the loss of the car due to Jolie's negligence? (1%) (A) No. Jose's refusal is justified. The contract between them is personal in nature. Since the loss was due to force majeure. Since Jose lent the car to Jolie without Cruz's consent.(A) No. In the absence of any prohibition. He is obliged to pay forall the ordinary and extraordinary expenses. Jose is obliged to pay for all the expenses incurred for the preservation of the thing loaned. In this kind of contract. but subject to reimbursement from Cruz. Jose can neither lend nor lease the car to a third person. Jose's refusal is not justified. who parked the car at the Mall of Asia's open parking lot. It is Jose's obligation to shoulder these useful expenses. Jose could lend the car to Jolie. (D) Yes. Jolie. Jose lent the car to his girlfriend. (C) Yes. with the ignition key inside the car.

N. P engaged in a different business with the consent of all the partners. designated L and 0 as managing partners. (E) None of the above. contributing only his services.000? (1%) (A) P 0.the partners dissolved the partnership. In 2006. M. and P was not liable for losses. P joined as an industrial partner.000.000. The Articles of Partnership.000 net profit? (1%) (A) P160. (2) In 2007. contributed P1 . in the net loss of P500. (B) P1 00. in the P800. (D) P200. V. how much is the share of 0. a limited partner.000. in the profit in 2006 amounted toP1 00. registered with the Securities and Exchange Commission. L. M and N were capitalist partners who contributed P500.000 each. P.000. However. V. (l) Assuming that the just and equitable share of the industrial partner. In the same year.V. After liquidation. . (C) P280. a limited partner. In 2008. a limited partner. 0 and P formed a partnership. in 2007.000. the partnership had an unpaid liability ofP300.000. (B) P175. the partnership incurred a net loss of P500.000. In 2005. L. how much is the share of 0. while 0.000. L was liable only to the extent of his capital contribution. the partnership earned a net profit of P800. The proceeds of the sale of partnership assets were insufficient to settle its obligation.000.000.000.

000. although the period for delivery was not . it is basic that a limited partner is liable only up to the extent of his capital contribution. (3) Can the partnership creditors hold L. He sold tobacco leaves to Homer for delivery within a month. (E) None of the above. Having taken part in the management of the partnership. The stipulation exempting P from losses is valid only among the partners. For 0. Since the other partners allowed him to engage in an outside business activity. (B) No. 0 is likewise liable because the partnership was not formed in accordance with the requirements of a limited partnership. (D) No. Gary is a tobacco trader and also a lending investor.(E) None of the above is completely accurate.(C) P125. 0 and Pliable after all the assets of the partnership are exhausted? (1%) (A) Yes. The registration of the Articles of Partnership embodying such stipulations serves as constructive notice to the partnership creditors. 0 is liable as capitalist partner. L is liable because the agreement limiting his liability to his capital contribution is not valid insofar as the creditors are concerned. The Civil Code allows the partners to stipulate that a partner shall not be liable for losses. The stipulations exempting P and L from losses are not binding upon the creditors. (D) P200. V. (C) Yes. VI. the stipulation absolving P from liability is valid.000. P is not liable because there is a valid stipulation exempting him from losses.

guaranteed. Gary was thus compelled to demand payment for the loan before the end of the agreed two-year term. Homer should comply with his obligation. VI. Obligations arising from contract have the force of law between the contracting parties. the shipping company and the government.. Since the delivery was made after 30 days. The fulfillment of the condition did not depend purely on Gary's will but on other factors. Gary could not insist that Homer accept the tobacco leaves. Homer was not justified in refusing to accept the tobacco leaves. was ambiguous. Homer was not justified in refusing to accept the tobacco leaves. The delivery was to be made within a month. e. There was no term in the contract but a mixed condition. but Isaac failed to do so. As security for the loan. Gary's promise of delivery on a "best effort" basis made the delivery uncertain.g. The contract contemplates an obligation with a term. transportation problems and government red tape hindered his efforts and he could only deliver after 30 days. (C) Yes. As lending investor. He consented to the terms and conditions of the sale and must abide by it. Isaac promised to deliver to Gary his Toyota Innova within seven (7) days. Homer was justified in his refusal to accept the delivery. (l) Was Homer justified in refusing to accept the tobacco leaves? (1%) (A) Yes. therefore. . The term. Gary granted a Pl.000 loan to Isaac to be paid within two years from execution of the contract. Homer refused to accept the late delivery and to pay on the ground that the agreed term had not been complied with.000. Homer was justified in refusing to accept the tobacco leaves. contrary to the terms agreed upon. Despite Gary's efforts to deliver on time. (B) No. (D) No.

Lito was a commercial pilot who flew for Pacific-Micronesian Air.VI. It is but fair for Gary to demand immediate payment. he was the co-pilot of the airline's Flight MA916 that mysteriously disappeared two hours after take-off from Agana. Lito himself was never heard of again. The delivery of the Toyota Innova is a condition for the loan. Thus. and their two children. Gary cannot compel Isaac to immediately pay the loan. Equity dictates that Gary should have granted a reasonable extension of time for Isaac to deliver his Toyota Innova. the principal contract is still the P 1.000 loan. Gary can compel Isaac to immediately pay the loan.000. (C) No. Gary cannot compel Isaac to immediately pay the loan. Noncompliance with the promised guaranty or security renders the obligation immediately demandable. Lita. Isaac's failure to deliver the car violated the condition upon which the loan was granted. Lita met and and married Jaime. No trace of the plane and its 105 passengers and crew was ever found despite diligent search. (D) No. The delivery of the car as security for the loan is an accessory contract. (B) Yes. (2) Can Gary compel Isaac to pay his loan even before the end of the twoyear period? (1%) (A) Yes. VII. Isaac lost his right to make use of the period. In 1998. presumably over the Pacific Ocean. .000. It would be unfair and burdensome for Isaac to pay the P1. Guam. Isaac can still make use of the period. In 2008. Lito left behind his wife. They now have a child of their own.000 simply because the promised security was not delivered. Gary can compel Isaac to immediately pay the loan.

what is the status of Lita's marriage to Jaime? (1%) (A) The marriage is valid because Lita's marriage to Lito was terminated upon Lito's disappearance for more than seven years. but she was sure it was Lito because of the extreme surprise that registered in his face when he also saw her. (D) The marriage is terminated because Lito is presumed dead after his plane has been missing for more than 4 years. however lengthy. (l) If Lito is alive. Lita now comes to you for legal advice. is insufficient to authorize Lita to contract a subsequent marriage. (2) If Lito is alive. (C) The marriage subsists because Lita's marriage to Jaime is void. (B) The marriage is valid. she immediately fled to her hotel and post haste returned to the country the next day. VII. She asks you the following questions: VII. Lito is already presumed dead for all purposes. Lita was surprised to see Lito or somebody who looked exactly like him. (E) The marriage can be formally declared terminated if Lito would not resurface. (C) The marriage is void. what is the status of his marriage to Lita? (1%) (A) The marriage subsists because the marital bond has not been terminated by death. . After an absence of more than 10 years. (B) The marriage was terminated when Lita married Jaime. Shocked.While on a tour with her former high school classmates in a remote province of China in 2010. Lito's mere absence.

Tambunting raised the defense of ownership. Betty brought criminal charges which resulted in Aida's conviction for estafa. his marriage to Lita was never dissolved and they can resume their marital relations at any time. (C) An action for payment of sum of money filed against one who orally promised to answer another's debt in case the latter defaults. (E) None of the above. Aida pawned them with the Tambunting Pawnshop. or to return the jewelries if not sold in a month's time. but unliquidated assets to satisfy the credit acquired when it becomes due. Betty entrusted to her agent. (D) A defense in an action for damages that the debtor has sufficient. and that it .(D) The marriage is void. and used the money for herself. If Lito is indeed alive. several pieces of jewelry to be sold on commission with the express obligation to turn over to Betty the proceeds of the sale. Instead of selling the jewelries. Which of the following actions or defenses are meritorious: (1%) (A) An action for recovery of downpayment paid under a rescinded oral sale of real property. (B) A defense in an action for ejectment that the lessor verbally promised to extend or renew the lease. Aida failed to redeem the pawned jewelries and after a month. Aida. Betty discovered what Aida had done. Betty thereafter filed an action against Tambunting Pawnshop for the recovery of the jewelries. IX. VIII. additionally arguing that it is duly licensed to engage in the pawnshop and lending business.

(C) I will rule in favor of Tambunting. how will you decide the case? (1%) (A) I will rule in favor of Betty. Arlene owns a row of apartment houses in Kamuning. Since her acceptance of the scholarship entailed a transfer of . Janet promptly gave Arlene two (2) months deposit and 18 checks covering the rental payment for 18 months. (D) I will rule in favor of Tambunting. equity dictates that Tambunting must be reimbursed for the pawn value of the jewelries. My ruling is based on the Civil Code provision that one who has lost any movable or has been unlawfully deprived thereof may recover it from the person in possession of the same. The lease was not covered by any contract. she would give Janet the right of first refusal. However. (1) Not long after Janet moved in. If you were the judge.accepted the mortgage of the jewelry in good faith and in the regular course of its business. Tam bunting's claim of good faith is inconsequential. (B) I will rule in favor of Betty. She agreed to lease Apartment No. Good faith is always presumed.000 per month. she received news that her application for a Master of Laws scholarship at King's College in London had been approved. This show of good faith prompted Arlene to promise Janet that should Arlene decide to sell the property. Tambunting's claim of good faith pales into insignificance in light of the unlawful deprivation of the jewelries. Tambunting's lawful acquisition in the ordinary course of business coupled with good faith gives it legal right over the jewelries. X. X. Its good faith takes precedence over the right of Betty to recover the jewelries. 1 to Janet for a period of 18 months at the rate of P10. Quezon City.

under the Civil Code. would you grant Arlene's motion? (1%) (A) Yes. the payment of damages for the violation of this right.residence. Thus. (B) No. Midway through the lease period. Arlene refused. I will grant the motion because the lease contract between Arlene and Janet was not in writing. Janet asked Arlene to return the advance rental payments she made. I will grant the motion because the action for recovery is premature. If you were the judge. (D) No. I will not grant the motion because to allow Arlene to retain the advance payments would amount to unjust enrichment. and the rescission of the sale between Arlene and Jun. Is Janet's action meritorious? (1%) (A) Yes. claiming that the lease on which the action is based. Janet may not enforce any right arising from the same contract. (2)Assume that Janet decided not to accept the scholarship and continued leasing Apartment No. (C) Yes. prompting Janet to file an action to recover the payments. a promise to buy and sell a determinate thing is reciprocally demandable. 1 to Jun in breach of her promise to Janet to grant her the right of first refusal. X. . Arlene decided to sell Apartment No. I will not grant the motion because the cause of action does not seek to enforce any right under the contract of lease. Arlene filed a motion to dismiss. Janet should first secure a judicial rescission of the contract of lease. hence. 1. is unenforceable. Janet filed an action seeking the recognition of her right of first refusal.

(D) No. Ariz became envious of the success of his wife. After 19 years of marriage. Paz rapidly climbed the corporate ladder of PSB and eventually became its Vice President. decided to have their marriage annulled by the church. In due time. it was found that Ariz was a spoiled brat in his youth and was sometimes involved in brawls. a devout Catholic. would hurt his children without any reason. In his teens. although he was short of 12 units to finish his Masters of Business Administration (MBA) degree. while Ariz remained one of its bank supervisors. (E) None of the above. the promise to buy and sell a determinate thing was not supported by a consideration. He started to drink alcohol until he became a drunkard. became a wifebeater. Paz. (C) Yes.(B) No. Through the testimony of Paz and a psychiatrist. Ariz and Paz were officemates at Perlas ng Silangan Bank (PSB). his ways did not change. Janet's right of first refusal was clearly violated when the property was not offered for sale to her before it was sold to Jun. he was once referred to a psychiatrist for t reatment due to his violent tendencies. the National Appellate Matrimonial Tribunal (NAMT) annulled the union of Ariz and Paz due to the failure of Ariz to perform and . They fell in love with each other and had a civil and church wedding. Meanwhile. and failed to contribute to the needs of the family. 2014 Bar Examinations I. He preferred to join his "barkadas". a right of first refusal involves an interest over real property that must be embodied in a written contract to be enforceable. Despite rehabilitation and consultation with a psychiatrist.

Ariz and their children to have the marriage annulled. Damian. and Cheska. Before the deed could be notarized. Rene and Ruby. The Roman Catholic Church accepted a donation of a real property located in Lipa City.fulfill his duties as a husband and as a father to their children. . his children from his third wife. A deed of donation was executed. and Allan. as represented by Fr. his children from his second wife." Is the provision valid? (4%) III. the Church. In view of the NAMT decision. Bea. If you are the judge. will you grant the petition? Explain. Paz decided to file a Petition for Declaration of Nullity of Marriage of their civil wedding before the Regional Trial Court (RTC) of Makati City using the NAMT decision and the same evidence adduced in the church annulment proceedings as basis. (5%) II. his children from his first wife. Don Mariano died. The NAMT concluded that it is for the best interest of Paz. and the donee. sampu ng aking mga apo at kaapuapuhan ko sa habang panahon. One important provision in his will reads as follows: "Ang lupa at bahay sa Lungsod ng Maynila ay ililipat at ilalagay sa pangalan nila Alex at Rene hindi bilang pamana ko sa kanila kundi upang pamahalaan at pangalagaan lamang nila at nang ang sinuman sa aking mga anak. signed by the donor. Crispin died testate and was survived by Alex and Josine. Is the donation valid? (4%) IV. ay may tutuluyan kung magnanais na mag-aral sa Maynila o sa kalapit na mga lungsod. Don Mariano.

Nante. Miko and Dinah started to live together as husband and wife without the benefit of marriage in 1984. they got married. they decided to live together again. Nante filed an action for the recovery of possession of the property. and receipt of which shall be acknowledged by me to the full satisfaction of Monica. . and in 1998. 2468 in favor of the Vendee. sold the property to Monica under a deed of sale which reads as follows: "That for and in consideration of the sum of P500. convey. Five (5) months after. cede. I hereby sell. and assign. a registered owner of a parcel of land in Quezon City. Monica failed to pay the remaining balance of the purchase price. transferred. Nante alleged that the agreement was one to sell.000. referred to as Vendee. ceded. they separated." After delivery of the initial payment of P100.00. I do have sold. Ten (10) years after. Monica immediately took possession of the property.000. Is the contention of Nante tenable? Why? (4%) V.00. value to be paid and delivered to me. as by these presents. conveyed and assigned a parcel of land covered by TCT No. What is the effect of preterition ? (1%) (A) It annuls the devise and legacy (B) It annuls the institution of heir (C) It reduces the devise and legacy (D) It partially annuls the institution of heir VI. In 1996.which was not consummated as the full contract price was not paid. transfer.

the major streets in Manila became flooded. Declaring that a decree of absolute nullity of marriage shall only be issued after liquidation. 2001. was perfected between Cris and the Hotel when Cris surrendered the key of his car to the Hotel’s parking attendant? (B) What is the liability.On February 17. of the Hotel for the loss of Cris’ car? VIII. how will you decide petitioner’s motion for partial reconsideration? Why? (4%) VII. if any. Early in the morning. (4%) (A) What contract. . Declaring the marriage null and void. if any. the Hotel’s parking attendant got the key of his car and gave him a valet parking customer’s claim stub. Cris was informed by the hotel manager that his car was carnapped." Dinah filed a motion for partial reconsideration questioning the portion of the decision on the issuance of a decree of nullity of marriage only after the liquidation. partition and distribution of properties under Article 147 of the Code. As soon as Crisgot off from his Toyota Altis. partition and distribution of the parties’ properties under Article 147 of the Family Code. The court rendered the following decision: "1. and 3. Dissolving the regime of absolute community of property. Dinah filed a complaint for declaration of nullity of her marriage with Miko on the ground of psychological incapacity under Article 36 of the Family Code. 2. This compelled Cris to check-in at Square One Hotel. If you are the judge. The attendant parked his car at the basement of the hotel. Due to the continuous heavy rainfall.

On March 19.00). Tess sent a letter to Ruth.000. After one (1) year.500.000. part of which reads as follows: "I am offering you to buy the property you are presently leasing at P5. Tess sold the property to her niece for a total consideration of P4 million. while the balance would be paid for the next three (3) consecutive months in the amount of One Million Pesos (P1. I will give you a period of one (1) year from receipt of this letter to decide whether you will buy the property. from January 2010 to February 2013.500 sq. The spouses would give a downpayment of Five Hundred Thousand Pesos (P500. . Bulacan for a price of Three Million Five Hundred Thousand Pesos (P3. lot in Antipolo City to Ruth for a period of three (3) years.00) upon the signing of the contract. reconveyance and damages against Tess and her niece. or for a total of P7. m.00 per sq.000. You can pay the contract price by installment for two (2) years without interest. the spouses offered to pay the unpaid balance which Honorio refused to accept.000.00." After the expiration of the lease contract. Ruth alleged that the sale of the leased property violated her right to buy under the principle of right of first refusal. Ruth filed a complaint for the annulment of the sale. 2011. Is the allegation of Ruth tenable? (4%) IX. Spouses Macario and Bonifacia Dakila entered into a contract to sell with Honorio Cruz over a parcel of industrial land in Valenzuela.000.500.00) per month. m. The spouses paid the first two (2) installments but not the last installment.Tess leased her 1.000.

lot to Monet. Is the consignation valid? (4%) XI. failed to pay the purchased materials worth P500. filed a complaint for consignation of the rentals before the Regional Trial Court (RTC) of Manila without notifying Dorotea. m. how will you decide the case? (4%) X.C. Ruth.000.) bought steel bars from Matibay Steel Industries (MSI) which is owned by Buddy Batungbacal. Kathy. An easement that can be acquired by prescription: (1%) (A) Right of way (B) Watering of an animal (C) Lateral and subjacent support (D) Light and view XII. et al. Two (2) years before the expiration of the lease contract. If you are the judge. J. The following month. J. Due to the refusal of Dorotea to accept rental payments.. and Ruth for five (5) years. Dorotea sold the property to PM Realty and Development Corporation.C.00 on due date. J. Dorotea and PM Realty stopped accepting rental payments from all the lessees because they wanted to terminate the lease contracts. persuaded its client Amoroso with whom it had . the lessees . Dorotea leased portions of her 2.C. Celia. Construction (J.000 sq.The spouses filed a complaint for specific performance against Honorio invoking the application of the Maceda Law.C.

Was the obligation of J. A pedestrian. Buddy filed a complaint for collection of the balance of the obligation and damages against J.C. Rolando had a daughter. while Mark had a son.000.C. the properties passed to his surviving spouse Anita. the fetus inside her womb was aborted. After two (2) other payments. Peachy. Ten (10) years after. adjudicated to herself the properties as the only surviving heir of Anita and Cesar. Jun. denied any liability claiming that its obligation was extinguished by reason of novation which took place when MSI accepted partial payments from Amoroso on its behalf. Amoroso stopped making further payments.receivables to pay its obligation to MSI. their three (3) parcels of land were adjudicated to Jun. Cesar died intestate without any issue. Esteban and Martha had four (4) children: Rolando. After the death of Jun. her share went to her son Cesar. J.00. Is the contention of Edith and Philip valid? (4%) XIV. and Hector. Mark. and son Cesar. Edith and Philip would like to recover the properties claiming that they should have been reserved by Peachy in their behalf and must now revert back to them. Philip. Can the pedestrian recover damages on account of the death of the fetus? (1%) . When Anita died. Construction to MSI extinguished by novation? Why? (4%) XIII. Amoroso agreed and paid MSI the amount of P50. who was four (4) months pregnant.C. Anita’s sister. After the death of Esteban and Martha. Although the pedestrian survived. was hit by a bus driver while crossing the street. Edith.

the project was completed and the condominium was turned over to the buyers. (B) Yes.(A) Yes. who in the meantime constituted themselves into Flores de Manila Inc. the condominium owners. Thus. claimed that they have earlier filed a case for the declaration of the existence of an easement before the Regional Trial Court (RTC) of Pasig City and prayed that the easement be annotated in the title of the property foreclosed by NB. Mr. FMI further claimed that when Mr. During construction. During the sale on public auction of the mortgaged property. Will the action prosper? (4%) . Bong failed to pay his loan obligation to NB. if the fetus did not comply with the requirements under Article 41 of the Civil Code. (C) No. a voluntary easement was constituted in favor of FMI. because of Article 2206 of the Civil Code which allows the surviving heirs to demand damages for mental anguish by reason of the death of the deceased. To fund the project. he built three (3) pumps on the mortgaged property to supply water to the condominium. Bong installed the pumps in his adjoining property. Simon attempted to take possession of the property. Mr. he obtained a loan from the National Bank (NB) secured by a real estate mortgage over the adjoining property which he also owned. XV. After one (1) year. (D) No. (FMI). NB foreclosed the mortgaged property where the pumps were installed. Simon won in the bidding. When Mr. He decided to build a condominium named Flores de Manila in one of his lots. However. because a fetus is not a natural person. Mr. for as long as the pedestrian can prove that she was not at fault and the bus driver was the one negligent. Bong owns several properties in Pasig City.

lot which they leased from Francisco Bigla-awa. Leonora and Danilo advised Carlito of their intention to partition the property. 2000. Leonora.XVI. it contained several pieces of jewelry and money. One of the properties he left was a piece of land in Alabang where he built his residential house. Danilo and Carlito. Francisco asked the spouses to peacefully vacate the premises. Leonora and Mariano’s children extrajudicially settled his estate. A congregation for religious women. On March 30. When she opened the chest.m. by way of commodatum. When the contract expired. The contract was for a period of three (3) years. Thereafter. Spouses Magtanggol managed and operated a gasoline station on a 1. Carlito alleged that since his minor child Lucas still resides in the premises. the family home continues until that minor beneficiary becomes of age. Mariano died intestate and was survived by his wife. After his burial. Is the contention of Carlito tenable? (4%) XVIII. a helper of the congregation discovered a chest in the backyard. Maria. . Carlito opposed invoking Article 159 of the Family Code. and children. The spouses ignored the demand and continued with the operation of the gasoline station. is using the real property owned and registered in the name of Spouses Manuel as a retreat house.000 sq. (4%) (A) Can the chest containing the pieces of jewelry and money be considered as hidden treasure? (B) Who has the right to claim ownership of it? XVII.

and Star City. with the aid of a group of armed men. to join the school’s field trip on February 14. Was the act of Francisco and his men lawful? Why? (4%) XIX. 2014. the parents of the students had to sign a piece of paper that reads as follows: "I allow my child (name of student). To be able to join. (B) Lessee if he advances the expenses for the repair of the leased premises. presented the waiver signed by Joey’s parents. as a defense. The parents of Joey sued the school for damages. administrator or teacher in case something happens to my child during the trip. Francisco. a 7-year-old student of Mabuhay Elementary School was bitten by a snake while the group was touring Manila Zoo.One month after. The school." Joey. Grade – Section. caused the closure of the gasoline station by constructing fences around it. Who enjoys the Right of Retention? (1%) (A) Depositary until full payment of what may be due him in deposit. XX. . Mabuhay Elementary School organized a field trip for its Grade VI students in Fort Santiago. Manila Zoo. (D) Builder in bad faith for the recovery of necessary and useful expenses. I will not file any claim against the school. Was there a valid waiver of right to sue the school? Why? (4%) XXI. (C) Bailee if bailor owes him something.

whether ordinary or extraordinary? XXIII. On March 27. (4%) (A) If you are the judge. Jose. the marriage is valid for as long as it is valid in the place where it is celebrated following Article 17 of the Civil Code. who is now using the name of "Josie. . uninterrupted. Cornelio filed an application for land registration involving a parcel of agricultural land that he had bought from Isaac identified as Lot No. were declared alienable and disposable agricultural land. Cornelio claimed that he and his predecessors-in-interest had been in open. 1980. continuous. 1981 citing a presidential declaration to the effect that on June 14. He likewise introduced in evidence a certification dated February 12. 1980. During the trial.A delayed accession is: (1%) (A) formation of an island (B) avulsion (C) alluvium (D) change in the course of the riverbed XXII. including the subject matter of the application. 2716 with an area of one (1) hectare. public and adverse possession and occupation of the land for more than thirty (30) years. agricultural lands of the public domain. will you grant the application for land registration of Cornelio? (B) Can Cornelio acquire said agricultural land through acquisitive prescription." married his partner Ador. Is the marriage valid? (1%) (A) Yes. After undergoing sex reassignment in a foreign country.

the marriage is not valid but is voidable because "Josie" concealed her real identity. In preparation for the wedding. Are the acknowledgment and the donation mortis causa valid? Why? (4%) . the marriage is valid if all the essential and formal elements of marriage under the Family Code are present. Ted returned to Canada and filed a petition for divorce which was granted. Ted went to the Local Civil Registry of Quezon City where his marriage contract with Annie was registered. married to Annie. In December 2013. Unfortunately. Ted became a naturalized Canadian citizen. (C) No. he was advised by the National Statistics Office (NSO) to file a petition for judicial recognition of the decree of divorce in the Philippines. Ted discovered that Annie and his friend Louie were having an affair. However. Ted. XXIV. and that his house and lot in Baguio City be given to his unborn conceived child. He returned to the Philippines to convince Annie to settle in Canada. went to Canada to work. He asked the Civil Register to annotate the decree of divorce on his marriage contract with Annie.(B) Yes. (D) No. Five (5) years later. Ted decided to marry his childhood friend Corazon in the Philippines. Is it necessary for Ted to file a petition for judicial recognition of the decree of divorce he obtained in Canada before he can contract a second marriage in the Philippines? (4%) XXV. Deeply hurt. Mario executed his last will and testament where he acknowledges the child being conceived by his live-in partner Josie as his own child. the marriage is not valid because one essential element of marriage is absent.

and Caridad inherited from their parents a 500 sq. Is the sublease contract valid? (1%) (A) Yes. which the latter received and acknowledged.XXVI. Fe. lot which they leased to Maria for three (3) years. m. Six (6) months after. how will you decide the case? (4%) XXVIII. Maria learned that the siblings sold the same property to Manuel. it is valid for as long as all the elements of a valid sublease contract are present. it is void because of breach of the lease contract. Isaac subleased a portion of the apartment due to financial difficulty. offered to sell the leased property to Maria which the latter accepted. Esperanza. Maria demanded for the execution of a deed of absolute sale which Esperanza and Caridad refused to do. but Maria started to make partial payments to Fe. Worst. If you are the judge. One year after. . This compelled Maria to file a complaint for the annulment of the sale with specific performance and damages. it is valid if there is no express prohibition for subleasing in the lease contract. Isaac leased the apartment of Dorotea for two (2) years. After giving the full payment. XXVII. (C) No. it is void if there is no written consent on the part of the lessor. (D) No. The sale was not reduced into writing. (B) Yes. claiming to have the authority to represent her siblings Esperanza and Caridad. Fe.

Faith and Hope. If you are the judge. how will you resolve the petition? (4%) XXIX. The net profits. shall be used to pay the principal amount of P500. it was her former husband Esteban who raised the kids. She did not include Daniel as her co-petitioner because for Maria. representing the bank loan secured by Timothy. if any. Timothy executed a Memorandum of Agreement (MOA) with Kristopher setting up a business venture covering three (3) fastfood stores known as "Hungry Toppings" that will be established at Mall Uno. Maria later on married her boss Daniel.000. 2. after deducting expenses. after deducting the expenses and payments of the principal and interest shall be divided as follows: seventy percent (70%) for Kristopher and thirty percent (30%) for Timothy. The pertinent provisions of the MOA provides: 1. as their own children after the parents of the minors died in a vehicular accident. or assigns . With the permission of Daniel. The proceeds of the business. Esteban died. 3. and Mall Tres. his agents. both minors. representatives.Spouses Esteban and Maria decided to raise their two (2) nieces.00 and the interest therein which is to be computed based on the bank rate. Timothy shall be considered a partner with thirty percent (30%) share in all of the stores to be set up by Kristopher. 4. Ten (10) years after. Mall Dos. Maria filed a petition for the adoption of Faith and Hope. a British national who had been living in the Philippines for two (2) years. Kristopher shall have a free hand in running the business without any interference from Timothy. and .

John Paul. and 5.should such interference happen. Kristopher shall submit his monthly sales report in connection with the business to Timothy. a well-known treasure hunter in Mindanao. What is the contractual relationship between Timothy and Kristopher? (4%) XXX. Thereafter. Is the revocation proper? (4%) . Kristopher has the right to buy back the share of Timothy less the amounts already paid on the principal and to dissolve the MOA. as his attorney-infact. Joe Miguel. Audrey agreeing to give the latter thirty percent (30%) of Joe Miguel’s share in whatever treasure that may be found in the land. Dissatified however with the strategies implemented by John Paul. Subsequently. Joe Miguel unilaterally revoked the SPA granted to John Paul. executed a Special Power of Attorney (SPA) appointing his nephew. he hired the legal services of Atty. John Paul filed a case for damages and injunction against Lilo for illegally entering Joe Miguel’s land. Joe Miguel agreed to give John Paul forty percent (40%) of the treasure that may be found on the land. John Paul was given the power to deal with treasure-hunting activities on Joe Miguel’s land and to file charges against those who may enter it without the latter’s authority.